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

Chapter 6 : Civil Recovery of Property

Part 3 : Forfeiture of Property

48. Application for forfeiture order

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(1)If a preservation of property order is in force the National Director, may apply to a High Court for an order forfeiting to the State all or any of the property that is subject to the preservation of property order.

 

(2)The National Director shall give 14 days notice of an application under subsection (1) to every person who entered an appearance in terms of section 39(3).

[Section 48(2) amended by section 26 of Act No. 24 of 1999]

 

(3)A notice under subsection (2) shall be served in the manner in which a summons whereby civil proceedings in the High Court are commenced, is served.

 

(4)Any person who entered an appearance in terms of section 39(3) may appear at the application under subsection (1)—
(a)to oppose the making of the order; or
(b)to apply for an order—
(i)excluding his or her interest in that property from the operation of the order; or
(ii)varying the operation of the order in respect of that property,

and may adduce evidence at the hearing of the application.