Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)Chapter V : Proceeds of Drug TraffickingRestraint orders41. Cases in which restraint orders may be made |
| (1) | A superior court may exercise the powers conferred upon it by section 42(1)— |
| (a) | whenever— |
| (i) | a prosecution for an offence referred to in section 13(f) or 14(b) has been instituted against the defendant in question; |
| (ii) | either a confiscation order has been made against that defendant or it appears to that court that there are reasonable grounds for believing that a confiscation order may be made against that defendant; and |
| (iii) | the proceedings against that defendant have not been concluded; or |
| (b) | whenever— |
| (i) | that court is satisfied that a person is to be charged with an offence referred to in section 13(f) or 14(b); and |
| (ii) | it appears to that court that there are reasonable grounds for believing that a confiscation order may be made against such person. |
| (2) | Where a superior court has made a restraint order by virtue of the provisions of subsection (1)(b) , that court shall rescind the restraint order if the relevant person is not charged within such period as that court may consider reasonable. |