Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)Chapter V : Proceeds of Drug TraffickingRestraint orders42. Restraint orders |
| (1) | The attorney-general concerned, or any public prosecutor authorized thereto in writing by him, may by way of an ex parte application apply to a competent superior court for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property to which the order relates. |
| (2) | A restraint order may be made— |
| (a) | in respect of such realizable property as may be specified in the restraint order and which is held by the person against whom the restraint order is being made; |
| (b) | in respect of all realizable property held by such person, whether it is specified in the restraint order or not; and |
| (c) | in respect of all property which, if it is transferred to such person after the making of the restraint order, would be realizable property. |
| (3) |
| (a) | A restraint order shall provide for notice to be given to persons affected by the order; |
| (b) | Any person affected by a restraint order may any time apply for the variation or rescission of the order. |
| (4) | The superior court which made a restraint order— |
| (a) | may at any time vary or rescind the restraint order; or |
| (b) | shall rescind the restraint order if the proceedings against the defendant in question are concluded. |
| (5) | Without derogating from the generality of the powers conferred by subsection (1), a restraint order may make such provision as the superior court thinks fit— |
| (a) | for the reasonable living expenses of a person against whom the restraint order is being made and his family or household; and |
| (b) | for the reasonable legal expenses of such person in connection with any proceedings instituted against him in terms of this Act. |