Special Investigating Units and Special Tribunals Act, 1996
R 385
Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)Chapter 6 : Civil Recovery of PropertyPart 2 : Preservation of Property38. Preservation of property orders |
| (1) | The National Director may by way of an ex parte application apply to a High Court for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property. |
| (2) | The High Court shall make an order referred to in subsection (1) if there are reasonable grounds to believe that the property concerned— |
| (a) | is an instrumentality of an offence referred to in Schedule 1; or |
| (b) | is the proceeds of unlawful activities; or |
[Section 38(2) amended by section 27(1) of Act No. 33 of 2004]
| (3) | A High Court making a preservation of property order shall at the same time make an order authorising the seizure of the property concerned by a police official, and any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order. |
[Section 38(3) amended by section 6 of Act No. 38 of 1999]
| (4) | Property seized under subsection (3) shall be dealt with in accordance with the directions of the High Court which made the relevant preservation of property order. |
