Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004)Chapter 3 : Provisions relating to Offences and PenaltiesPart 2 : Penalties and matters relating to penalties20. Interests of third parties |
| (1) | A declaration of forfeiture in terms of section 19 (1) does not affect any interest, which any person other than the convicted person may have in the property in question, if the former person proves— |
| (a) | that he or she acquired the interest in that property in good faith and for consideration, whether in cash or otherwise; and |
| (b) | that— |
| (i) | the circumstances under which he or she acquired the interest in that property were not of such a nature that he or she knew or ought reasonably to have known or suspected that it was property used as contemplated in section 19 (1); or |
| (ii) | he or she could not prevent the use of that property as contemplated in that section. |
(2)
| (a) | Subject to the provisions of subsection (1), 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 property in question, inquire into and determine any such interest. |
| (b) | If a court referred to in paragraph (a) finds— |
| (i) | that the property is wholly owned by the applicant, the court must set aside the declaration of forfeiture in question and direct that the 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 value of the property disposed of; or |
| (ii) | that the applicant has an interest in the property— |
| (aa) | the court must direct that the property be sold by public auction and that the applicant be paid out of the proceeds of the sale an amount equal to the value of his or her interest therein, but not exceeding the proceeds of the sale; or |
| (bb) | if the State has disposed of the property, the court must direct that the applicant be compensated by the State in an amount equal to the value of his or her interest therein. |
| (3) | Any person aggrieved by a determination made by the court under subsection (2), 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. |