Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)Chapter V : Proceeds of Drug TraffickingRealization of property46. Realization of property |
| (1) | A superior court may exercise the powers conferred upon it by subsection (2) whenever— |
| (a) | a confiscation order has been made against the defendant in question; |
| (b) | such confiscation order is no longer subject to review or appeal; and |
| (c) | the proceedings against that defendant have not been concluded. |
| (2) | A competent superior court may, on the application of the attorney-general concerned or any public prosecutor authorized thereto in writing by that attorney-general— |
| (a) | if a curator bonis has not been appointed in respect of any of the property in question, appoint a curator bonis in respect of realizable property; |
| (b) | subject subsection (3), authorize a curator bonis appointed under paragraph (a) of section 44(1) or under paragraph (a) of this subsection, as the case may be, to realize any realizable property in such manner as that court may determine; |
| (c) | order any person who holds realizable property to surrender the said property forthwith into the custody of a curator bonis appointed under paragraph (a) of section 44(1) or under paragraph (a) of this subsection as the case may be. |
| (3) | A superior court shall not exercise its powers under subsection (2)(b) unless it has afforded all persons having any inlerest in the property in question an opportunity to make representations to it in connection with the realization of that property. |