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Precious Metals Act, 2005 (Act No. 37 of 2005)

21. Disposal of precious metal

 

 

(1)
(a) On the conviction of any person of a crime or offence involving precious metal a court, in passing sentence, may order that any semi-fabricated or unwrought precious metal in respect of which the person has been convicted be delivered to the owner thereof, if the court is satisfied as to the ownership.
(b) If the court is not so satisfied such precious metal must be forfeited to the State.

 

(2) If the owner of any mine can satisfy the court or police official Concerned on a balance of probabilities that any unwrought or semi-fabricated precious metal that has been or would otherwise be forfeited to the State in terms of this section, the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or any other law was mined in that mine, and has not been disposed of by the mine owner, such precious metal must be returned to that owner.

 

(3) Before returning any precious metal to any owner of a mine in terms of subsection (2) the court or police official concerned may require from that owner to indemnify the State against any claims to such precious metal or to provide such guarantees in that regard as the court or police official concerned may reasonably require.

 

(4) A forfeiture in terms of subsection (1) does not affect the right which the owner of the precious metals or any person other than the convicted person may have to the property forfeited, if he or she satisfies the court concerned that he or she 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 that he or she could not prevent such use.