Acts Online
GT Shield

Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

Chapter 6 : Civil Recovery of Property

Part 3 : Forfeiture of Property

57. Fulfillment of Forfeiture Order

 

(1) The curator bonis must, subject to any order for the exclusion of interests in forfeited property under section 52(2)(a) or 54(8) and in accordance with the directions of the Committee—
(a) deposit any moneys forfeited under section 56(2) into the Account;
(b) deliver property forfeited under section 56(2) to the Account; or
(c) dispose of property forfeited under section 56(2) by sale or any other means and deposit the proceeds of the sale or disposition into the Account.

[Subsection (1) amended by section 33(a) of Act No. 24 of 1999]

 

(2) Any right or interest in forfeited property not exercisable by or transferable to the State, shall expire and shall not revert to the person who has possession, or was entitled to possession, of the property immediately before the forfeiture order took effect.

 

(3) No person who has possession, or was entitled to possession, of forfeited property immediately before the forfeiture order took effect, or any person acting in concert with, or on behalf of that person, shall be eligible to purchase forfeited property at any sale held by the curator bonis.

 

(4) [Subsection (4) deleted by section 33(b) of Act No. 24 of 1999]

 

(5) The expenses incurred in connection with the forfeiture and the sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs shall be defrayed out of moneys appropriated by Parliament for that purpose.