Constitution of the Republic of South Africa, 1996
R 385
Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)Chapter 4 : Offences relating to Criminal Gang Activities11. 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. |
