Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)Chapter V : Proceeds of Drug TraffickingConfiscation orders35. Confiscation orders |
| (1) | Whenever a defendant is convicted of an offence referred to in section 13(f) or 14(b), the court convicting the defendant may, on the application of the public prosecutor, enquire into any benefit which the defendant may have derived from drug trafficking and, if that court finds that the defendant has benefited from drug trafficking, that court may, in addition to any punishment which that court may impose in respect of the offence, make an order against the defendant for the payment to the State of such amount as that court may consider appropriate, which amount— |
| (a) | shall not exceed the value of the defendant's proceeds of drug trafficking as determined by that court in accordance with the provisions of this Chapter; or |
| (b) | if that court is satisfied that the amount which might be realized as contemplated in section 37(1) is less than the value referred to in paragraph (a), shall not exceed an amount which in the opinion of that court might be so realized. |
| (2) | No application referred to in subsection (1) shall be made without the written authority of the attorney-general concerned. |
| (3) | A court before which proceedings under this section are pending, may— |
| (a) | in order to make a confiscation order— |
| (i) | refer to the evidence and proceedings at the trial; |
| (ii) | hear such further oral evidence as the court may deem fit; |
| (iii) | direct the public prosecutor to tender to the court a statement referred to in subsection (1)(a) of section 38; or |
| (iv) | direct a defendant to tender to the court a statement referred to in subsection (3)(a) of that section; |
| (b) | subject to subsection (1)(b) or subsection (3)(b) of the said section, adjourn such proceedings to any day on such conditions not inconsistent with a provision of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and as the court may deem fit. |
| (4) | Notwithstanding anything to the contrary in this section contained, the court which made a confiscation order shall take the confiscation order into account in determining the fine which it may impose in respect of the offence in question. |