| (1) | For the purposes of determining whether a defendant has derived a benefit in an enquiry under section 18(1), if it is found that the defendant did not at the fixed date, or since the beginning of a period of seven years before the fixed date, have legitimate sources of income sufficient to justify the interests in any property that the defendant holds, the court shall accept this fact as prima facie evidence that such interests form part of such a benefit. |
| (2) | For the purposes of an enquiry under section 18(1), if it is found that a court had ordered the defendant to disclose any facts under section 26(7) and that the defendant had without sufficient cause failed to disclose such facts or had, after being so ordered, furnished false information, knowing such information to be false or not believing it to be true, the court shall accept these facts as prima facie evidence that any property to which the information relates— |
| (a) | forms part of the defendant's benefit, in determining whether he or she has derived a benefit from an offence; or |
| (b) | is held by the defendant as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in section 18(1). |
| (a) | if the court finds that he or she has benefited from an offence and that— |
| (i) | he or she held property at any time at, or since, his or her conviction; or |
| (ii) | property was transferred to him or her at any time since the beginning of a period of seven years before the fixed date, |
the court shall accept these facts as prima facie evidence that the property was received by him or her at the earliest time at which he or she held it, as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in section 18(1);
| (b) | if the court finds that he or she has benefited from an offence and that expenditure had been incurred by him or her since the beginning of the period contemplated in paragraph (a), the court shall accept these facts as prima facie evidence that any such expenditure was met out of the advantages, payments, services or rewards, including any property received by him or her in connection with the offences or related criminal activities referred to in section 18(1) committed by him or her. |
[Section 22(3) amended by section 18(c) of Act No. 24 of 1999]
| (4) | For the purpose of determining the value of any property in an enquiry under section 18(1), if the court finds that the defendant received property at any time as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in that subsection committed by him or her or by any other person the court shall accept this fact as prima facie evidence that he or she received that property free of any other interest therein. |
