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

Chapter 5 : Proceeds of Unlawful Activities

Part 1 : Application of Chapter

16. Gifts


(1) For the purposes of this Chapter, a defendant shall be deemed to have made a gift if he or she has transferred any property to any other person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration supplied by the defendant.


(2) For the purposes of section 20(2) the gift which a defendant is deemed to have made shall consist of that share in the property transferred by the defendant which is equal to the difference between the value of that property as a whole and the consideration received by the defendant in return.