The constitutional rights of children and the Prevention of Organised Crime Act 121 of 1998

Abstract

Considers how the rights of children, protected under the Constitution of the Republic of South Africa and its Bill of Rights, can be reconciled with the effects of heavy fines, asset forfeiture and confiscation orders on economic offenders. Clarifies the concepts of forfeiture and confiscation. Outlines the 1998 Prevention of Organised Crime Act (POCA) and considers its provisions in relation to the position of children and young people as innocent third parties in cases of civil and criminal asset forfeiture. Includes a short discussion of corresponding provisions in US law. Suggests that, as legislation currently does not specifically provide for children, the POCA should be amended by incorporating, mutatis mutandis, provisions from the Mediation in Certain Divorce Matters Act.

Citation

Nel, J.K. (2003), "The constitutional rights of children and the Prevention of Organised Crime Act 121 of 1998", Journal of Financial Crime, Vol. 11 No. 2, pp. 195-206. https://doi.org/10.1108/13590790410809121