Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)RulesSpecial Tribunals Rules24. Preservation of Property Orders |
| (1) | Any interested person or party including the SIU may by way of an ex parte application apply to the Tribunal for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property. |
| (2) | The application must demonstrate that the property concerned: |
| (a) | is or has been instrumentality of an offence referred to in schedule 1 of PRECCA; or |
| (b) | constitutes the proceeds of unlawful activities emanating from the findings of an investigation conducted by SIU, pursuant to a proclamation made by the President relevant to that investigation, in terms of section 2(1) of the Act. |
| (3) | The Tribunal at the time of granting a preservation order may at the same time make an order authorising the seizure of the property concerned by a police official, and any other ancillary orders that the Tribunal considers appropriate for the proper fair and effective execution of the preservation order. |
| (4) | Property seized under this Rule shall be dealt with in accordance with the directions of the Tribunal. |
| (5) | Where the Tribunal orders preservation of a property, the SIU shall, as soon as is practicable after granting the order— |
| (a) | give notice of the order to all persons known to the SIU to have an interest in property which is subject to the order; and |
| (b) | publish a notice of the order in the Gazette. |
| (6) | A notice under this sub-Rule 5 shall be served in the manner provided for in these Rules. |
| (7) | Any person who has an interest in the property which is subject to the preservation order may enter an appearance to apply for an order excluding his or her interest in the property concerned from the operation thereof. |
| (8) | An appearance under this Rule shall be delivered to the SIU and in the case of— |
| (a) | a person upon whom a notice has been served under sub-Rule 5, 14 days after such service; or |
| (b) | any other person, 14 days after the date upon which a notice under subsection (1) (b) was published in the Gazette |
| (9) | An appearance under sub-Rule 5 shall contain full particulars of the chosen address for the delivery of documents concerning further proceedings and shall be accompanied by an affidavit stating— |
| (a) | full particulars of the identity of the person entering the appearance; |
| (b) | the nature and extent of his or her interest in the property concerned; and |
| (c) | the basis of the defence upon which he or she intends to rely in opposing a forfeiture order or applying for the exclusion of his or her interests from the operation thereof. |