General and Further Education and Training Quality Assurance Act
R 385
Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)Chapter 6 : Civil Recovery of PropertyPart 3 : Forfeiture of Property48. Application for forfeiture order |
| (1) | If a preservation of property order is in force the National Director, may apply to a High Court for an order forfeiting to the State all or any of the property that is subject to the preservation of property order. |
| (2) | The National Director shall give 14 days notice of an application under subsection (1) to every person who entered an appearance in terms of section 39(3). |
[Section 48(2) amended by section 26 of Act No. 24 of 1999]
| (3) | A notice under subsection (2) shall be served in the manner in which a summons whereby civil proceedings in the High Court are commenced, is served. |
| (4) | Any person who entered an appearance in terms of section 39(3) may appear at the application under subsection (1)— |
| (a) | to oppose the making of the order; or |
| (b) | to apply for an order— |
| (i) | excluding his or her interest in that property from the operation of the order; or |
| (ii) | varying the operation of the order in respect of that property, |
and may adduce evidence at the hearing of the application.
