Can driving under the influence be considered organised crime?

[Dave A]

Happily I don't drink. And I certainly do not condone driving under the influence. But here is a little tit bit that I just have to question.

On Thursday, in a landmark ruling, the Supreme Court of Appeal ruled that a motor vehicle, driven under the influence of liquor or while the level of alcohol in the driver's blood exceeded the prescribed limit, was liable to be forfeited to the state under the Prevention of Organised Crime Act. This means the court must weigh the circumstances in which an order for forfeiture is sought.
full story from IOL here

In terms of the Prevention of Organised Crime Act???

[Dave A]

Speeding may lead to your car being confiscated in terms of the Prevention of Organised Crime Act.

Five motorists caught driving at over 180km/h on the N1 freeway in Johannesburg could forfeit their cars to the state if a recent ruling by the Supreme Court of Appeal is applied.
full story from IOL here

At least in this instance they are talking about paying off the outstanding debt with the finance company first.

But I still have to question whether this is in line with the purposes of the act, as set out below:

To introduce measures to combat organised crime, money laundering and criminal gang activities; to prohibit certain activities relating to racketeering activities; to provide for the prohibition of money laundering and for an obligation to report certain information; to criminalise certain activities associated with gangs; to provide for the recovery of the proceeds of unlawful activity; for the civil forfeiture of criminal assets that have been used to commit an offence or assets that are the proceeds of unlawful activity; to provide for the establishment of a Criminal Assets Recovery Account; to amend the Drugs and Drug Trafficking Act, 1992; to amend the International Co-operation in Criminal Matters Act, 1996; to repeal the Proceeds of Crime Act, 1996; to incorporate the provisions contained in the Proceeds of Crime Act, 1996; and to provide for matters connected therewith.

[entoserv]

This is crazy. What happens if it is a company vehicle being driven by an employee?

[Marq]

Crazy scenarios - I think this comes from our government employees not doing their homework and not seeing the big picture. The thoughts and ideas are great and probably even well meant but the attachment to law and policy are something that they cannot get to grips with.

Everything is done through creation of fear by hauling out the criminal related policies and laws. Besides tieing unrelated sections of criminal deeds to criminal laws, confusing criminal with civil law is also a great feat of our legal systems. eg if I pay my maintenence late I am a criminal.

We create our own realty - so living in a crime riddled society is of our own making - nonsence I hear you say - Well when all our laws and policies are dictated through the criminal system and stepping slightly out of line creates a criminal of you - (Who didn't do the Fica thing at the bank - you are a criminal )- then we automatically make criminals of everyone else and perpetuate our "criminally minded society".

We have to regulate using appropriate methods. Big stick methodology only agrivates and creates animosity, road rage and other nasty society habits that do not make better citizens. The more sticks, like our government employees are creating, and the more inequalities that we see, the more crime will be embedded in our society.

The pendulum has swung too far and is battling to come back to the centre of balance. Lets hope it does come back to the middle soon or we will be headed for civil war, anarchy and a new government. (you choose one - it will not matter then).

So I have created civil war from a drunken driving discusson...........OK time to stop.

[Dave A]

I can only assume they are hanging their hat on this part:

for the civil forfeiture of criminal assets that have been used to commit an offence

Which means that we have to examine what is a criminal asset.

Marq raises an interesting point. It doesn't take much to be convicted of a criminal offence in South Africa. Maybe we need to introduce that middle ground - a misdemeanor.