n South African Journal of Criminal Justice - Criminal procedure : recent cases

Volume 22, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The Prevention of Organised Crime Act 121 of 1998 (POCA), provides in s 2(4) that a person can only be charged with committing an offence contemplated in subsection (1) of the Act if such a prosecution is authorised in writing by the National Director of Public Prosecutions (NDPP). In 2009 (1) SACR 461 (SCA), pending commencement of their trial in the regional magistrates' court, the respondents had launched an application for orders declaring the three racketeering charges brought against them under POCA to be unlawful and to be set aside. The basis of their application was that they had been charged with racketeering prior to the appellant's furnishing of the necessary authorisation to prosecute in terms of s 2(4) of POCA.

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