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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Rules

Special Tribunal Rules

27. Curator Bonis

 

(1) Where the Tribunal grants a preservation or an interdict order, the Tribunal may at any time appoint a curator bonis who shall, after the issuing of letters of curatorship:
(a) assume control of the property and take such property into his or her custody;
(b) take care of the said property;
(c) administer the said property;
(d) and to do any necessary act for that purpose; and
(e) where the said property is a business or undertaking, carry on, with due regard to any law which may be applicable, the said business or undertaking.

 

(2) The Tribunal may order the person against whom the preservation or interdict order has been granted, or any person in whose possession the property subject to the preservation or interdict order may be found, to surrender forthwith, or within such period as the Tribunal may determine any such property into the custody of the curator bonis.

 

(3) Any person affected by an order contemplated in this Rule may at any time apply to the Tribunal for:
(a) variation or rescission of the order; and
(b) for variation of the terms of the appointment of curator bonis concerned or for the discharge of that curator bonis.

 

(4) The Tribunal which made an order contemplated in this Rule may at any time:
(a) vary or rescind the order; or
(b) vary the terms of the appointment of the curator bonis concerned or discharge that curator bonis; or
(c) shall rescind the order and discharge the curator bonis concerned if the relevant preservation order is rescinded; and
(d) may make, such an order relating to the fees and expenditure of the curator bonis as it deems appropriate, including an order for the payment of the fees of the curator bonis by the State.