Proceeds of Crime Act, 1996 (Act No. 76 of 1996)Chapter 4 : Realisation of property20. Realisation of property |
| (1) | A superior court may exercise the powers conferred upon it by subsection (2) when— |
| (a) | a confiscation order has been made against the defendant concerned; |
| (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 superior court may, on the application of the attorney-general concerned or any public prosecutor authorised thereto in writing by that attorney-general— |
| (a) | if a curator bonis has not been appointed in respect of any of the property concerned, appoint a curator bonis in respect of realisable property; |
| (b) | subject to subsection (3), authorise a curator bonis appointed under section 18(1)(a) or under paragraph (a) of this subsection, as the case may be, to realise any realisable property in such manner as that court may determine; |
| (c) | order any person who holds realisable property to surrender the said property forthwith into the custody of a curator bonis appointed under section 18(1)(a) 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 interest in the property concerned an opportunity to make representations to it in connection with the realisation of that property. |