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

Volume 23, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



Section 50(1) of the Prevention of Organised Crime Act 121 of 1998 requires the forfeiture of any property that is on instrumentality of an offence. The term 'instrumentality' is broadly defined to embrace any property or article by means of which an offence is committed. In 2009 (2) SACR 547 (KZD) the court made some interesting comments on the forfeiture process contained in POCA.

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