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

Chapter 6 : Civil Recovery of Property

Part 2 : Preservation of Property

44. Provision for expenses

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(1)A preservation of property order may make provision as the High Court deems fit for—
(a)reasonable living expenses of a person holding an interest in property subject to a preservation of property order and his or her family or household; and
(b)reasonable legal expenses of such a person in connection with any proceedings instituted against him or her in terms of this Act or any other related criminal proceedings.

 

 

(2)A High Court shall not make provision for any expenses under subsection (1) unless it is satisfied that—
(a)the person cannot meet the expenses concerned out of his or her property which is not subject to the preservation of property order; and
(b)the person has disclosed under oath all his or her interests in the property and has submitted to that Court a sworn and full statement of all his or her assets and liabilities.