The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching
The continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves the country. In this regard, South Africa has a number of laws that deal with...
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| Format: | Article |
| Language: | Afrikaans |
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North-West University
2019-10-01
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| Series: | Potchefstroom Electronic Law Journal |
| Subjects: | |
| Online Access: | https://journals.assaf.org.za/index.php/per/article/view/5194 |
| _version_ | 1811316999608860672 |
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| author | Robert Doya Nanima |
| author_facet | Robert Doya Nanima |
| author_sort | Robert Doya Nanima |
| collection | DOAJ |
| description | The continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves the country. In this regard, South Africa has a number of laws that deal with the poaching of rhino horns. The Prevention of Organised Crime Act 121 of 1998 (POCA) does not provide for the adequate prosecution of offenders outside South Africa. It is argued that the POCA has to be amended to provide for extraterritorial jurisdiction to deal with the prosecution of the higher echelons of those involved in rhino poaching. While the POCA provides for extraterritorial jurisdiction in some respects, the application of these provisions still presents challenges in their implementation. To substantiate this claim, this article first discusses the international networks that support the trade in rhino horn. A critique of the available statistics on rhino poaching follows, as does a suggestion that attention must be paid to the details in the statistical records to understand how desperate the situation is. Thereafter, an evaluation of South Africa's legislative framework and other interlinking factors that affect rhino poaching is performed This demonstrates the need for extraterritorial jurisdiction with regard to rhino poaching. |
| first_indexed | 2024-04-13T11:59:02Z |
| format | Article |
| id | doaj.art-56ad345f79a147008ffdeb6846452fb9 |
| institution | Directory Open Access Journal |
| issn | 1727-3781 |
| language | Afrikaans |
| last_indexed | 2024-04-13T11:59:02Z |
| publishDate | 2019-10-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj.art-56ad345f79a147008ffdeb6846452fb92022-12-22T02:47:49ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812019-10-012210.17159/1727-3781/2019/v22i0a5194The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino PoachingRobert Doya Nanima0UNIVERSITY OF THE WESTERN CAPEThe continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves the country. In this regard, South Africa has a number of laws that deal with the poaching of rhino horns. The Prevention of Organised Crime Act 121 of 1998 (POCA) does not provide for the adequate prosecution of offenders outside South Africa. It is argued that the POCA has to be amended to provide for extraterritorial jurisdiction to deal with the prosecution of the higher echelons of those involved in rhino poaching. While the POCA provides for extraterritorial jurisdiction in some respects, the application of these provisions still presents challenges in their implementation. To substantiate this claim, this article first discusses the international networks that support the trade in rhino horn. A critique of the available statistics on rhino poaching follows, as does a suggestion that attention must be paid to the details in the statistical records to understand how desperate the situation is. Thereafter, an evaluation of South Africa's legislative framework and other interlinking factors that affect rhino poaching is performed This demonstrates the need for extraterritorial jurisdiction with regard to rhino poaching.https://journals.assaf.org.za/index.php/per/article/view/5194Extraterritorial jurisdictionhigher echelonsNational StrategyPrevention of Organised Crime Actprosecutionrhino poaching |
| spellingShingle | Robert Doya Nanima The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching Potchefstroom Electronic Law Journal Extraterritorial jurisdiction higher echelons National Strategy Prevention of Organised Crime Act prosecution rhino poaching |
| title | The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching |
| title_full | The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching |
| title_fullStr | The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching |
| title_full_unstemmed | The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching |
| title_short | The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching |
| title_sort | prevention of organised crime act 1998 the need for extraterritorial jurisdiction to prosecute the higher echelons of those involved in rhino poaching |
| topic | Extraterritorial jurisdiction higher echelons National Strategy Prevention of Organised Crime Act prosecution rhino poaching |
| url | https://journals.assaf.org.za/index.php/per/article/view/5194 |
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