Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)

Chapter V : Proceeds of Drug Trafficking

Confiscation orders

38. Statements relating to drug trafficking
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(1)
(a) The public prosecutor may or, if so directed by the court, shall tender to the court a statement in writing under oath or affirmation by him or any other person in connection wi1h any matter which is being enquired into by the court under section 35(1), or which relates to the determination of the value of a defendant's proceeds of drug trafficking.
(b) A copy of such statement shall be served on the defendant at least 14 days before the date on which that statement is to be tendered to the court.

 

(2)
(a) The court may afford a defendant an opportunity to dispute the correctness of any allegation contained  in a statement referred to in subsection (1)(a), and the defendant shall, if he disputes the correctness of any such allegation, state the grounds on which he relies.
(b) In so far as the defendant does not dispute the correctness of any allegation contained in such statement, that allegation shall he deemed to be conclusive proof of the matter to which it relates.

 

(3)
(a) A defendant may or, if so directed by the court, shall tender to the court a statement in writing under oath or affirmation by him or any other person in connection with any matter which relates to the determination of the amount which might be realized as contemplated in section 37(1).
(b) A copy of such statement shall be served on the public prosecutor at least 14 days before the date on which that statement is to be tendered to the court.

 

(4)
(a) The court may afford the public prosecutor an opportunity to admit the correctness of any allegation contained in a statement referred to in subsection (3)(a).
(b) In so far as the public prosecutor admits the correctness of any allegation contained in such statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates.

 

(5) No express or implied acceptance by a defendant by virtue of this section that any payment or other reward was received by him in connection with drug trafficking carried on by him or any other person shall be admissible as evidence at any proceedings in respect of an offence.