An overview of the sentencing regime for gang members under the prevention of Organised Crime Act 121/1998 and the potential for restorative justice

Abstract

Sec. 10 of the Prevention of Organised Crime Act 121 of 1998 creates a sentencing regime for those found in contravention of the substantive gang-related offences under sec. 9. This contribution provides a brief overview of the sentencing options available when found guilty of one of these substantive offences, against the backdrop of the general principles of sentencing in South Africa. The potential role of restorative justice in gang-related cases is also considered.