Proceeds of Crime Act, 1996 (Act No. 76 of 1996)

Chapter 4 : Realisation of property

23. Exercise of powers by superior court and curator bonis
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(1)The powers conferred upon a superior court by sections 16 to 21, or upon a curator bonis appointed under this Act, shall—
(a)subject to paragraphs (b) and (c), be exercised with a view to making available the current value of realisable property for satisfying any confiscation order made or which might be made against the defendant;
(b)in the case of realisable property held by a person to whom that defendant has directly or indirectly made an affected gift, be exercised with a view to realising not more than the current value of such gift;
(c)be exercised with a view to allowing any person other than that defendant or the recipient of such gift to retain or recover the current value of any property held by him or her,

and, except as provided in sections 10(1) and 16(6), any obligation of that defendant or the recipient of such gift which conflicts with the obligation to satisfy a confiscation order shall be left out of account.

 

(2)The provisions of subsection (1) shall not be construed as prohibiting any superior court from making any additional order in respect of a debt owed to the State.