Proceeds of Crime Act, 1996 (Act No. 76 of 1996)Chapter 1 : Application of Act1. Definitions |
| (1) | In this Act, unless the context indicates otherwise— |
means any gift—
| (a) | made by the defendant concerned not more than seven years before the fixed date; or |
| (b) | made by the defendant concerned at any time, if it was a gift— |
| (i) | of property received by that defendant in connection with an offence committed by him or her or any other person; or |
| (ii) | of property, or any part thereof, which directly or indirectly represented in that defendant's hands property received by him or her in that connection, |
whether any such gift was made before or after the commencement of this Act;
means an order referred to in section 8(1);
means a person against whom a prosecution for an offence has been instituted, irrespective of whether he or she has been convicted or not, and includes a person referred to in section 15(1)(b);
in relation to a defendant—
| (a) | if a prosecution for an offence has been instituted against the defendant, means the date on which such prosecution has been instituted; or |
| (b) | if a restraint order has been made against the defendant, means the date of such restraint order, |
whichever is the earlier date;
includes any right;
means the Minister of Justice;
in relation to an offence, means any property or part thereof which was derived directly or indirectly as a result of—
| (a) | the commission in the Republic of such offence; or |
| (b) | any act or omission outside the Republic which, if it had occurred in the Republic, would have constituted such an offence, |
and includes any property representing property so derived;
means money or any other movable, immovable, corporeal or incorporeal thing and includes any interest therein and all proceeds thereof;
means property referred to in section 4;
means an order referred to in section 16(1);
means a provincial or local division of the Supreme Court of South Africa, and includes, for the purpose of sections 14 to 18, any judge thereof.
| (2) | In this Act, except where it is inconsistent with the context or clearly inappropriate, any reference— |
| (a) | to a person who holds property shall be construed as a reference to a person who has any interest in the property, and— |
| (i) | if the estate of such person has been sequestrated, also to the executor of his or her insolvent estate; or |
| (ii) | if such person is a company or other juristic person which is being wound up, also to the liquidator thereof; |
| (b) | to a person who transfers property to any other person shall be construed as a reference to a person who transfers or grants to any other person any interest in the property; |
| (c) | to anything received in connection with an offence shall be construed as a reference also to anything received both in that connection and in some other connection. |