RRLLB81 Assignment 3 PORTFOLIO (QUALITY ANSWERS) Semester 1 2026 - Organised crime, forfeiture of criminal proceeds and the concept of instrumentality

This document provides detailed workings, clear explanations, and well-structured solutions for the RRLLB81 Assignment 3 PORTFOLIO (QUALITY ANSWERS) Semester 1 2026 .... ORGANISED CRIME, FORFEITURE OF CRIMINAL PROCEEDS AND THE CONCEPT OF INSTRUMENTALITY Background The most useful technique in combating organised crime is not only to capture and convict the outlaws, but also to deprive criminals the proceeds of unlawful activities. This may include the forfeiture of the proceeds of crime, and the confiscation of certain properties. The Prevention of Organised Crime Act (POCA) 121 of 1998 was introduced by the Legislature inter alia to provide for a civil remedy for the preservation and seizure, and forfeiture of property which is derived from unlawful activities or is concerned in the commission or suspected commission of an offence. Strictly speaking, not only the express proceeds of crime may be confiscated. Section 38 empowers the court to make ‘preservation of property orders’ if there are reasonable grounds to believe that the property concerned (a) is an instrumentality of an offence referred to in Schedule 1; or (b) is the proceeds of unlawful activities. In other words, property may be confiscated which, even though it is not directly implicated in the commission of the offence, nonetheless, forms an integral component of the offence. The property is labelled an instrumentality of the crime, thus subject to forfeiture, mainly to deprive the criminal further use of the property to commit crime. This could be an appropriate method that could hinder criminal activities. Conduct research and investigate why the concept of instrumentality and/or forfeiture of criminal proceeds are useful for law enforcement. Equally investigate whether one or two of these legal tools is bad law and unreasonably deprive people of their property. Strictly speaking, not only the express proceeds of crime may be confiscated. Section 38 empowers the court to make ‘preservation of property orders’ if there are reasonable grounds to believe that the property concerned (a) is an instrumentality of an offence referred to in Schedule 1; or (b) is the proceeds of unlawful activities. In other words, property may be confiscated which, even though it is not directly implicated in the commission of the offence, nonetheless, forms an integral component of the offence. The property is labelled an instrumentality of the Downloaded by Pied Zulu () lOMoARcPSD| RRLLB81/103/1/2026 59 crime, thus subject to forfeiture, to deprive the criminal further use of the property to commit crime. This could be an appropriate method that could hinder criminal activities. Conduct research and investigate why the concept of instrumentality and/or forfeiture of criminal proceeds are useful for law enforcement. Equally investigate whether one or two of these legal tools is bad law and unreasonably deprive people of their property.