Report reveals gaps in South Africa’s Prevention of Organised Crime Act

ANEW report on transnational organised crime has found that the Prevention of Organised Crime Act (POCA), designed to prosecute the participants and members of criminal organisations, does not reach the outer ring of professional enablers.

- MANYANE MANYANE [e-mail]

The report, From Gangs to Grey Agents (A Proposal to Fortify South Africa’s Organised Crime Laws Against Enablers), stated that professional actors never join a criminal group or intentionally facilitate specific crimes. However, they knowingly profit from demand in the broader criminal market by deliberately distancing themselves from its workings, shielding behind a cynical ignorance of the criminality their business model sustains.

The report was conducted by the Global Initiative Against Transnational Organised Crime (GI-TOC), which said professional organised crime endures because it operates within the same professional ecosystem that sustains legitimate business, drawing upon lawyers, accountants, logistics firms and real estate companies that provide the services necessary to plan, execute, and manage any complex enterprise.

The report, authored by attorney and crime analyst Raphael Mackintosh, identifies and explains the gap in POCAS current offence structure and proposes a straightforward solution.

POCA isa South African law designed to combat organised crime, money laundering and criminal gang activity. It provides measures for asset forfeiture, including civil forfeiture of assets derived from unlawful activities, and mandates reporting of suspicious transactions to help disrupt criminal enterprises.

The Act also criminalises racketeering and other gang-related activities.