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

Chapter 6 : Civil Recovery of Property

Part 4 : General Provisions relating to Preservation and Forfeiture of Property

60. Effect of death of joint owner of preserved property

 

(1) If a person has an interest in property as joint owner of the property, the person's death after a preservation of property order is made in respect of the interest does not, while the order is in force, operate to vest the interest in the surviving joint owner or owners and the preservation of property order continues to apply to the interest as if the person had not died.

 

(2) A forfeiture order made in respect of that interest applies as if the order took effect in relation to the interest immediately before the person died.

 

(3) Subsection (1) does not apply to an interest in property if a preservation of property order ceases to apply to that interest without a forfeiture order being made in respect of that interest.