Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)Chapter 5 : Proceeds of Unlawful ActivitiesPart 1 : Application of Chapter13. Proceedings are civil, not criminal |
| (1) | For the purposes of this Chapter proceedings on application for a confiscation order or a restraint order are civil proceedings, and are not criminal proceedings. |
| (2) | The rules of evidence applicable in civil proceedings apply to proceedings on application for a confiscation order or a restraint order. |
| (3) | No rule of evidence applicable only in criminal proceedings shall apply to proceedings on application for a confiscation order or restraint order. |
| (4) | No rule of construction applicable only in criminal proceedings shall apply to proceedings on application for a confiscation order or restraint order. |
| (5) | Any question of fact to be decided by a court in any proceedings in respect of an application contemplated in this Chapter shall be decided on a balance of probabilities. |