| (1) | A police official or person authorised by the Minister to receive a report under section 30(1), who has reasonable grounds to suspect that an offence under section 54 has been or is about to be committed, may at any time search any person, container or other thing in which any cash or bearer negotiable instrument contemplated in section 30(1) is suspected to be found. |
| (2) | A police official or person authorised by the Minister referred to in subsection (1) may seize any cash or bearer negotiable instrument contemplated in section 30(1). |
| (3) | Any cash or bearer negotiable instrument seized under subsection (2) must be returned to the person from whom it was seized as soon as possible— |
| (a) | after the expiry of a period of 90 days from the date of the seizure, unless, before the expiry of that period— |
| (i) | that person has been arrested, without a warrant of arrest being issued; |
| (ii) | a warrant for the arrest of that person has been issued; or |
| (iii) | a summons has been issued for that person to appear in court, in connection with the suspected (commission of an offence under section 54 in respect of that cash or bearer negotiable instrument or any portion of it; |
| (b) | after the expiry of a period of 90 days from the date of the seizure, unless, before the expiry of that period, an application for a preservation order in terms of section 38 of the Prevention Act in respect of that cash or bearer negotiable instrument is pending before the High Court; |
| (c) | if that person is acquitted on a charge of committing an offence under section 54; or |
| (d) | if a forfeiture order in terms of section 50 of the Prevention Act is not made in respect of that cash or bearer negotiable instrument. |
| (4) | Whenever any person is convicted of an offence under section 54 the court convicting that person must, in addition to any punishment which that court may impose in respect of the offence, declare any cash or bearer negotiable instrument contemplated in section 30(1) that was seized under subsection (2), or is in the possession or custody or under the control of the convicted person, to be forfeited to the State. |
| (5) | Whenever a person is convicted of an offence under section 64 the court convicting that person must, in addition to any punishment which that court may impose in respect of the offence, declare any property in respect of which those transactions were conducted to be forfeited to the State. |
| (6) | A declaration of forfeiture shall not affect any interest which any person other than the convicted person may have in the cash or bearer negotiable instrument or property concerned if that person proves— |
| (a) | that he or she acquired the interest in that cash or bearer negotiable instrument or property in good faith; and |
| (b) | that he or she did not know that the cash or bearer negotiable instrument or property in question was— |
| (i) | conveyed as contemplated in section 30(1) or that he or she could not prevent the cash or bearer negotiable instrument from being so conveyed; or |
| (ii) | used in the transactions contemplated in section 64 or that he or she could not prevent the property from being so used, as the case may be. |
| (7) | Subject to subsection (6), the court concerned or, if the judge or judicial officer concerned is not available, any judge or judicial officer of that court, may at any time within a period of three years from the date of the declaration of forfeiture, on the application of any person other than the convicted person who claims that he or she has any interest in the cash or bearer negotiable instrument in question, inquire into and determine any such interest. |
| (8) | Subject to subsection (6), if a court referred to in subsection (7) finds that— |
| (a) | the cash or bearer negotiable instrument or bearer negotiable instrument or property in question belonged to the applicant at the time of the forfeiture, the court must set aside the declaration of forfeiture in question and direct that the cash or bearer negotiable instrument or property be returned to the applicant or, if the State has disposed of it, direct that the applicant be compensated by the State in an amount equal to the amount of cash or bearer negotiable instrument or the value of the property forfeited; or |
| (b) | the applicant had an interest in the cash or bearer negotiable instrument or property in question at the time of the forfeiture, the court must direct that the applicant be compensated by the State in an amount equal to the value of his or her interest in the cash or bearer negotiable instrument or property. |
| (9) | Any person aggrieved by a determination made by a court under subsection (8), may appeal against the determination as if it were a conviction by the court making the determination, and such appeal may be heard either separately or jointly with an appeal against the conviction as a result of which the declaration of forfeiture was made, or against a sentence imposed as a result of such conviction. |
| (10) | In order to make a declaration of forfeiture or to determine any interest under subsection (8), the court may refer to the evidence and proceedings at the trial or hear such further evidence, either orally or by affidavit, as it may deem fit. |
[Section 70 substituted by section 26 of the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008)]
