Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)Chapter V : Proceeds of Drug TraffickingConfiscation orders40. Effect of confiscation orders |
| (1) | A confiscation order made— |
| (a) | by a magistrate's court, other than a regional court, shall have the effect of a civil judgment of that court; |
| (b) | by a regional court shall have the effect of a civil judgment of the magistrate's court of the district in which the relevant trial took place. |
| (2) | Where a superior court makes a confiscation order— |
| (a) | the confiscation order shall have the effect of a civil judgment of that court; or |
| (b) | the presiding judge may direct the registrar of that court to forward a certified copy of the confiscation order to the clerk of the magistrate's court designated by the presiding judge or, if no such court is designated, to the clerk of the magistrate's court within the area of jurisdiction of which the offence in question was committed, and, on receipt of the said copy of the confiscation order by the clerk of the magistrate's court concerned, the confiscation order shall have the effect of a civil judgement of that magistrate's court. |