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

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