Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992) > Chapter VI : Mutual Assistance in respect of Drug Trafficking > Foreign confiscation orders > 58. Setting aside of registration of foreign confiscation orders

(1)	The registration of a foreign confiscation order in terms of section 56 shall, on the application of any person against whom the foreign confiscation order may be enforced, be set aside if the lower court at which it was registered is satisfied—

(a)	that the foreign confiscation order was registered in contravention of a provision of this Chapter;

(b)	that the court of the designated country concerned had no jurisdiction in the circumstances of the case;

(c)	that the foreign confiscation order is subject review or appeal;

(d)

where the person against whom the foreign confiscation order was made did not appear at the proceedings in which it was made, that such person did not receive notice of the said proceedings as prescribed by the law of the designated country concerned or, if no such notice is so prescribed, that he did not receive reasonable notice of those proceedings to enable him defend the proceedings;

(e)	that the enforcement of the foreign confiscation order would be contrary to the interests of justice;

(f)	that the foreign confiscation order has been satisfied in any manner, including the serving of imprisonment in default of payment.

(2)	The lower court hearing an application referred to in subsection (1) may at any time postpone the hearing of the application such date as it may determine.