Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

Chapter 5 : Proceeds of Unlawful Activities

Part 2 : Confiscation Orders

23. Effect of confiscation orders

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(1)        A confiscation order made—

(a)by a magistrate's court, other than a regional court, shall have the effect of a civil judgment of that court;
(b)by a regional court shall have the effect of a civil judgment of the magistrate's court of the district in which the relevant trial took place.

 

(2)Where a High Court makes a confiscation order—
(a)the confiscation order shall have the effect of a civil judgment of that court; or
(b)the presiding judge may direct the registrar of that court to forward a certified copy of the confiscation order to the clerk of the magistrate's court designated by the presiding judge or, if no such court is designated, to the clerk of the magistrate's court within the area of jurisdiction of which the offence concerned was committed, and, on receipt of the said copy of the confiscation order the clerk of the magistrate's court concerned shall register the confiscation order whereupon it shall have the effect of a civil judgment of that magistrate's court.