27 Jan 2023

Prosecuting with the Prevention of Organised Crime Act

More than 20 years since its adoption, South Africa's Prevention of Organised Crime Act has not measured up to expectations.

The Prevention of Organised Crime Act’s anti-gang provisions are not meeting their objectives. They were originally meant to fill the gaps in common law and help prosecutors gain convictions for gang-related crimes. But the act is severely underutilised for these specific crimes. For this paper’s recommendations to have a substantial effect on addressing organised crime, the various departments involved in South Africa’s criminal justice process need to be cleaned up and resources improved.

About the author

Kim Thomas is an analyst at the Global Initiative Against Transnational Organized Crime. She holds an MPhil in Public Law from the University of Cape Town and an LLB from Stellenbosch University. She has worked as a researcher on organised crime in South Africa and is also an admitted South African attorney with experience in the legal aid sector, working on issues relating to socio- economic rights.

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ENACT is implemented by the Institute for Security Studies in partnership with
INTERPOL and the Global Initiative against Transnational Organized Crime.