| (1) |
Circumstances amounting to criminal conduct or an endeavour thereto, as set out in subsection (2), shall be regarded as organised crime, crime which requires national prevention or investigation, or crime which requires specialised skills in the prevention and investigation thereof. |
| (2) |
Circumstances contemplated in subsection (1) comprise criminal conduct or endeavour thereto— |
| (a) |
by a person, group of persons or syndicate acting in— |
| (i) |
an organised fashion; or |
| (ii) |
a manner which could result in substantial financial gain for the person, group of persons or syndicate involved; |
[Section 16(2)(a) substituted by section 2(a) of Act No. 57 of 2008]
| (i) |
by a person or persons in positions of trust and making use of specialised or exclusive knowledge; |
| (ii) |
in respect of the revenue or expenditure of the national government; or |
| (iii) |
in respect of the national economy or the integrity of currencies; |
| (c) |
which takes on such proportions or is of such a nature that the prevention or investigation thereof at national level would be in the national interest; |
| (d) |
in respect of unwrought precious metals or unpolished diamonds; |
| (e) |
in respect of the hunting, importation, exportation, possession, buying and selling of endangered species or any products thereof as may be prescribed; |
| (f) |
in more than one province or outside the borders of the Republic by the same perpetrator or perpetrators, and in respect of which the prevention or investigation at national level would be in the national interest; |
| (g) |
in respect of which the prevention or investigation requires the application of specialised skills and where expedience requires that it be prevented or investigated at national level; |
| (h) |
which a Provincial Commissioner requests the National Head of the Directorate for Priority Crime Investigation, referred to in section 17C(2), to prevent or investigate by employing expertise and making resources available at national level and to which request the National Head of the Directorate for Priority Crime Investigation accedes in accordance with the approved policy guidelines; |
[Section 16(2)(h) substituted by section 3(a) of Act No. 10 of 2012]
| (i) |
in respect of which the investigation in the Republic by the Service is requested by an international police agency or the police of a foreign country; |
| (iA) |
in respect of the commission of any alleged offence mentioned in the Schedule; or |
[Section 16(2)(iA) inserted by section 2(c) of Act No. 57 of 2008]
| (j) |
in respect of which the prevention or investigation by members under the command of a Provincial Commissioner will detrimentally affect or hamper the prevention or investigation of circumstances referred to in paragraphs (a) to (iA). |
[Section 16(2)(j) substituted by section 2(d) of Act No. 57 of 2008]
| (2A) |
For the purpose of subparagraph (a)(i), ‘organised fashion’ includes the planned, ongoing, continuous or repeated participation, involvement or engagement in at least two incidents of criminal or unlawful conduct that has the same or similar intents, results, accomplices, victims or methods of commission, or otherwise are related by distinguishing characteristics. |
[Section 16(2A) inserted by section 2(e) of Act No. 57 of 2008]
| (3) |
In the event of a dispute between the National Head of the Directorate for Priority Crime Investigation and the National Commissioner or the National Head for Priority Crime Investigation and a Provincial Commissioner regarding the question whether criminal conduct or endeavour thereto falls within the mandate of the Directorate, the determination by the National Head of the Directorate for Priority Crime Investigation in accordance with the approved policy guidelines, shall prevail. |
[Section 16(3) substituted by section 3(b) of Act No. 10 of 2012]
| (a) |
Notwithstanding the provisions of subsections (1), (2) and (3), the Provincial Commissioner shall be responsible for the prevention and investigation of all crimes or alleged crimes committed in the province concerned. |
| (b) |
Where an investigation of a crime or alleged crime reveals that the circumstances referred to in subsection (2) are present, the Provincial Commissioner shall report the matter to the National Head of the Directorate for Priority Crime Investigation as soon as possible. |
[Section 16(4)(b) substituted by section 3(c) of Act No. 10 of 2012]
| (c) |
The National Head of the Directorate for Priority Crime Investigation may, after consultation with the Provincial Commissioner concerned, notwithstanding the presence of the circumstances referred to in subsection (2), direct that the investigation or any part thereof, be conducted by the Provincial Commissioner. |
[Section 16(4)(c) substituted by section 3(c) of Act No. 10 of 2012]
| (5) |
All members of the Service shall cooperate with one another in accordance with the principles provided for in Chapter 3 of the Constitution of the Republic of South Africa, 1996. |
[Section 16(5) inserted by section 3(d) of Act No. 10 of 2012]
South African Institute for Drug Free Sport Act, 1997
