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Definition of Organized Crime

 

Prevention of Organized Crime Act 121 of 1998

In criminology, organized crime is a criminal enterprise that involves a group of people working together to commit illegal activities for profit. 

Definition

Organized crime is defined by the group’s motivation and nature, rather than the specific crimes they commit. 

Activities

Organized crime groups can be involved in a variety of illegal activities, including trafficking in drugs, people, weapons, and illicit goods, armed robbery, counterfeiting, and money laundering. 

Scale

Organized crime can be transnational, national, or local, and can involve multi-million-rand businesses. 

Structure

Organized crime groups are structured, with members having different levels of authority, responsibility, and privilege. 

Goals

Organized crime groups are motivated by profit, but some, like terrorist groups, may be politically motivated. 

Protection

Organized crime groups are protected by lawyers, law enforcement, and other influential people in society. 

Violence

Violence is often used to maintain loyalty among members, discourage internal conflict, and warn outsiders. 

Some theories used to explain organized crime include:

  • Alien conspiracy theory
  • Rational choice theory
  • Differential association
  • Social disorganization
  • Relative deprivation approach
  • The queer ladder of mobility theory
  • Enterprise theory 

Anti-Money Laundering and Combating Terrorism Financing Amendment Act 22 of 2022

South Africa has several laws and regulations that address money laundering, including:

  • Financial Intelligence Centre Act (FICA)

    This act, which came into effect in 2003, was designed to fight financial crime, including money laundering. 

  • General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 2022

    This act amended the FICA to address technical deficiencies and expand the FIC’s mandate. 

  • Prevention of Organized Crime Act (POCA)

    This act outlines penalties for money laundering, including imprisonment and fines. 

  • Protection of Constitutional Democracy Against Terrorist and Related Activities Act (POCDATARA)

    This act is also relevant to South Africa’s anti-money laundering legislative framework. 

Money laundering is a criminal offense in South Africa, and the severity of penalties depends on the nature and extent of the offense. The state can also seek to forfeit assets involved in money laundering. 

Racketeering

South Africa’s Prevention of Organized Crime Act 121 of 1998 (POCA) defines racketeering as a pattern of criminal activity that includes at least two of the following offenses:
Bribery
Extortion

Obstructing the course of justice.

The act also defines racketeering as:
  • Receiving or retaining property derived from a pattern of racketeering activity
  • Using or investing property derived from a pattern of racketeering activity
  • Acquiring or maintaining an interest in, or control of, an enterprise through a pattern of racketeering activity 
While racketeering itself is not a crime in South Africa, it is an offense to be associated with an enterprise that engages in a pattern of racketeering activity. A pattern of racketeering activity is defined as:
  • Planned, ongoing, repeated, or continuous participation in any of the over 30 crimes listed in the law’s first schedule
  • At least two offenses committed within a 10-year period, and that they were related 

The POCA also includes provisions for money laundering, gangs, and the civil recovery of property.