Chief Justice: Ishmael Mahomed
26 August 1998
PREVENTION OF ORGANIZED CRIME BILL, 1998
Refer to your letter inviting comment on the above Bill. The relevant comment appears from Annexure A.
PREVENTION OF ORGANISED CRIME BILL, 1998
1. Ad s 1(iii)
I suggest "primary" is unnecessary. It should suffice that the prohibited conduct is one of' the gang's activities.
2. Ad s 1(vii) "Legal entity" could be misunderstood as "lawful entity". The usual term is 'juristic person".
3. Ad s 31 (1)(a)
More hearings are referred to in the Bill than just those in ss 7, 17 and 20. All should be public.
4. Ad s 41 (3) "Eminently" is a word of too uncertain a meaning in this context. Perhaps "the occurrence of physical harm was a strong likelihood" might suffice.
5. Many Provisions of this Bill are innovative and far-reaching. It is understood why. However, although much of the Bill relates to matter concerning the judicial function I feel that the best test of its provisions will be by way of the judicial application and interpretation when eventually the enactment is law.