REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
computerised or other form with a Division of the SAPS. The legislation also limits the
taking of fingerprints, body-prints for the purposes of detecting crime, the investigation
of an offence, the identification of missing persons and unidentified human remains or
the conducting of a prosecution. It also provides for comparative searches of fingerprints
against other databases. This further improves the ability of SAPS in dealing with
transnational organised crime.
499.
The Directorate for Priority Crimes Investigation (DPCI) (also known as the Hawks) was
established as an independent directorate within the South African Police Service in
terms of section 17C of the South African Police Service Act, 1995.264 The Directorate for
Priority Crime Investigation is responsible for the combating, investigation and
prevention of national priority crimes such as serious organized crime, serious
commercial crime and serious corruption.
500.
South Africa, with the support of other interested States, has worked on possible
responses relating to the connection between organised crime and illicit trafficking in
precious metals. Following a number of meetings in the respective countries with an
interest in this matter and in the margins of meetings of the Commission on Crime
Prevention and Criminal Justice, South Africa tabled a resolution on combating
transnational organised crime and its possible links to illicit trafficking in precious metals.
In the resolution, South Africa is calling for a comprehensive study to be conducted by
UNICRI (United Nations Interregional Crime and Justice Research Institute) in this regard.
Measures to combat corruption
264
265
501.
Several efforts have been taken to combat corruption. Internationally there are broadly
two types of confiscation methods used to recover the proceeds of crime, namely
conviction-based and non-conviction-based forfeiture, often referred to as criminal and
civil forfeiture respectively. Conviction-based forfeiture depends on securing a conviction
in a criminal trial, but has the advantage that once a conviction is obtained, it is possible
in some systems to invoke very wide forfeiture powers. Non-conviction based or civil
forfeiture is a purely civil process, independent of a criminal trial or a conviction. The
state usually has to prove on a balance of probabilities that the property in question is
proceeds or instrumentalities of crime, in other words, property used to commit crime,
such as firearms, immoveable property or premises, a bank account, or even business,
used to launder the proceeds of crime.
502.
South Africa is one of a growing number of states having both types of forfeiture. The
National Prosecution Authority’s Asset Forfeiture Unit (AFU) also made a strategic
decision to make more use of the provisions of Chapter 6 of the Prevention of Organised
Crime Act, 1998265 namely, non-conviction based civil asset forfeiture. On application by
the National Director of Public Prosecutions, the High Court can make an order forfeiting
property to the state that the court, on a balance of probabilities, finds to be "an
instrumentality" of a crime, or the "proceeds of unlawful activities". As mentioned, the
Act No. 68 of 1995
Act No. 121 of 1998
136