Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

Schedule 1: Criminal Offences

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(Sections 1, 38, 50, 51, 52, 54, 58 and 73)

 

1.murder;
2.rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively;
3.kidnapping;
4.arson;
5.public violence;
6.robbery;
7.assault with intent to do grievous bodily harm;
8.sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively;
9.any offence contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;
10.any offence under any legislation dealing with gambling, gaming or lotteries;
11.contravention of section 20(1) of the Sexual Offences Act, 1957 (Act No. 23 of 1957);
12.any offence contemplated in Part 1 to 4, or section 17, 18, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004;
13.extortion;
14.childstealing;
15.breaking or entering any premises whether under the common law or a statutory provision, with intent to commit an offence;
16.malicious injury to property;
17.theft, whether under the common law or a statutory provision;
18.any offence under section 36 or 37 of the General Law Amendment Act, 1955 (Act No. 62 of 1955);
19.fraud;
20.forgery or uttering a forged document knowing it to have been forged;
21.offences relating to the coinage;
22.any offence referred to in section 13 of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992);
23.any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament and the unlawful possession of such firearms, explosives or armament;
24.any offence in contravention of section 36 of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969);
25.dealing in, being in possession of or conveying endangered, scarce and protected game or plants or parts or remains thereof in contravention of a statute or provincial ordinance;
26.any offence relating to exchange control;
27.any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones;
28.any offence contemplated in sections 1(1) and 1A(1) of the Intimidation Act, 1982 (Act No. 72 of 1982);
29.defeating or obstructing the course of justice;
30.perjury;
31.subornation of perjury;
32.any offence referred to in Chapter 3 or 4 of this Act;
32A.any specified offence as defined in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004;
33.any offence the punishment wherefor may be a period of imprisonment exceeding one year without the option of a fine;
33A.any offence under Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013;

[Item 33A inserted by section 48 of Act No. 7 of 2013]

34.any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

 

Any person who—

(a)commits torture;
(b)attempts to commit torture; or
(c)incites, instigates, commands or procures any person to commit torture,

is guilty of the offence of torture and is on conviction liable to imprisonment, including imprisonment for life.

 

Any person who participates in torture, or who conspires with a public official to aid or procure the commission of or to commit torture, is guilty of the offence of torture and is on conviction liable to imprisonment, including imprisonment for life.

 

 

[Schedule 1 amended by section 11 of Act No. 13 of 2013]