Proceeds of Crime Act, 1996 (Act No. 76 of 1996)

Chapter 1 : Application of Act

1. Definitions

Purchase

(1)	In this Act, unless the context indicates otherwise—

"affected gift"

means any gift—

(a)	made by the defendant concerned not more than seven years before the fixed date; or

(b)	made by the defendant concerned at any time, if it was a gift—

(i)	of property received by that defendant in connection with an offence committed by him or her or any other person; or

(ii)	of property, or any part thereof, which directly or indirectly represented in that defendant's hands property received by him or her in that connection,

whether any such gift was made before or after the commencement of this Act;

"confiscation order"

means an order referred to in section 8(1);

"defendant"

means a person against whom a prosecution for an offence has been instituted, irrespective of whether he or she has been convicted or not, and includes a person referred to in section 15(1)(b);

"fixed date"

in relation to a defendant—

(a)	if a prosecution for an offence has been instituted against the defendant, means the date on which such prosecution has been instituted; or

(b)	if a restraint order has been made against the defendant, means the date of such restraint order,

whichever is the earlier date;

"interest"

includes any right;

"Minister"

means the Minister of Justice;

"proceeds"

in relation to an offence, means any property or part thereof which was derived directly or indirectly as a result of—

(a)	the commission in the Republic of such offence; or

(b)	any act or omission outside the Republic which, if it had occurred in the Republic, would have constituted such an offence,

and includes any property representing property so derived;

"property"

means money or any other movable, immovable, corporeal or incorporeal thing and includes any interest therein and all proceeds thereof;

"realisable property"

means property referred to in section 4;

"restraint order"

means an order referred to in section 16(1);

"superior court"

means a provincial or local division of the Supreme Court of South Africa, and includes, for the purpose of sections 14 to 18, any judge thereof.

(2)	In this Act, except where it is inconsistent with the context or clearly inappropriate, any reference—

(a)	to a person who holds property shall be construed as a reference to a person who has any interest in the property, and—

(i)	if the estate of such person has been sequestrated, also to the executor of his or her insolvent estate; or

(ii)	if such person is a company or other juristic person which is being wound up, also to the liquidator thereof;

(b)	to a person who transfers property to any other person shall be construed as a reference to a person who transfers or grants to any other person any interest in the property;

(c)	to anything received in connection with an offence shall be construed as a reference also to anything received both in that connection and in some other connection.