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

Chapter 4 : Offences relating to Criminal Gang Activities

11. Interpretation of member of criminal gang


In considering whether a person is a member of a criminal gang for purposes of this Chapter the court may have regard to the following factors, namely that such person—

(a) admits to criminal gang membership;
(b) is identified as a member of a criminal gang by a parent or guardian;
(c) resides in or frequents a particular criminal gang's area and adopts their style of dress, their use of hand signs, language or their tattoos, and associates with known members of a criminal gang;
(d) has been arrested more than once in the company of identified members of a criminal gang for offences which are consistent with usual criminal gang activities;

[Section 11(d) amended by section 13(b) of Act No. 24 of 1999]

(e) is identified as a member of a criminal gang by physical evidence such as photographs or other documentation.