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

• Published in: Journal of financial crime Vol. 11; no. 2; pp. 195 - 206
• Main Author: Nel, Jeanne K.
• Format: Journal Article
• Language: English
• Published: London MCB UP Ltd 01-04-2004; Emerald Group Publishing Limited
• Subjects: Bill of Rights-US; Children & youth; Children age groups; Childrens rights; Confiscation; Conflicts of interest; Constitutional law; Crime; Fines & penalties; Forfeiting; Human rights; Justice; Laws and legislation; Legislation; Money laundering; Organized crime; Republic of South Africa; South Africa
• ISSN: 1359-0790; 1758-7239
• DOI: 10.1108/13590790410809121

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.