South Africa: the proportionality inquiry in civil asset forfeiture cases under POCA

By Odette Coetzee and Johan LeGrange, from DRT South Africa.
Organised crime poses a very serious threat to the security and stability on any country. It is common cause that conventional criminal penalties are inadequate as measures of deterrence when organised crime leaders can retain the considerable gain derived from organized crime. It is widely accepted in the international community that criminals should be stripped of the proceeds of their crimes, the purpose being to remove the incentive for crime, not to punish them.