| (1) |
For the purposes of an enquiry under section 35(1) and, if it is found that a defendant has benefited from drug trafficking, in determining the value of his proceeds of drug trafficking, it shall be presumed, in the absence of evidence to the contrary— |
| (i) |
held by him at any time since his conviction; or |
| (ii) |
transferred to him at any time since the beginning of a period of five years before the fixed date, |
was received by him, at the earliest time at which he held it, as a payment or other reward in connection with drug trafficking carried on by him;
| (b) |
that any expenditure incurred by him since the beginning of the period contemplated in paragraph (a) was met out of payments received by him in connection with drug trafficking carried on by him; and |
| (c) |
that, for the purpose of determining the value of any property— |
| (i) |
received by him at any lime as a reward in connection with drug trafficking carried on by him or any other person; or |
| (ii) |
presumed in terms of paragraph (a) to have been received by him as a reward in connection with drug trafficking carried on by him |
he received that property free of any other interest therein.
| (2) |
Subsection (1) shall not apply in respect of a defendant who has been convicted of an offence referred to in section 14(b) only. |
Older Persons Act, 2006
