Special Investigating Units and Special Tribunals Act, 1996
R 385
Environment Conservation Act, 1989 (Act No. 73 of 1989)Part VII : Offences, Penalties and Forfeiture30. Forfeiture |
| 1) | Notwithstanding anything to the contrary in any law contained, a court convicting any person of an offence under this Act may declare any vehicle or other thing by means whereof the offence concerned was committed or which was used in the commission of such offence, or the rights of the convicted person to such vehicle or other thing, to be forfeited to the State. |
| 2) | A declaration of forfeiture under subsection (1) shall not affect the rights which any person other than the convicted person may have to the vehicle or other thing concerned, if it is proved that he did not know that the vehicle or other thing was used or would be used for the purpose of or in connection with the commission of the offence concerned or that he could not prevent such use. |
| 3) | The provisions of section 35(3) and (4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandis apply to any declaration of forfeiture under this section. |
