Older Persons Act, 2006
R 385
Diamonds Act, 1986 (Act No. 56 of 1986)Chapter VIII : Offences, Penalties and other Judicial Matters91. Forfeiture |
| 1) | Notwithstanding anything to the contrary in any other law contained, any money or property which a person has paid or delivered to an inspector or a member or agent of the South African Police in pursuance of an agreement for the delivery or acquisition of unpolished diamonds, shall upon the conviction of that person of an offence under this Act in connection with such an agreement be forfeited to the State. |
| 2) |
| a) | A forfeiture in terms of subsection (1) shall not affect any right which any person other than the convicted person may have to the property forfeited if he satisfies the court concerned – |
| i) | that he did not know that such property was being used or would be used for the purpose of or in connection with the commission of the offence in question; or |
| ii) | that he could not prevent such use. |
| b) | Paragraph (a) shall not apply to any money so forfeited. |
| 3) | The provisions of section 35 (4) of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall mutatis mutandis apply in respect of a right referred to in subsection (2), and for the purposes of such application- |
| a) | a reference in the said section to the court shall be construed as a reference to the court which has convicted the person referred to in subsection (1); and |
| b) | a reference in the said section to a declaration of forfeiture shall be construed as a forfeiture in terms of subsection (1). |
