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

Regulations

Regulations of the Special Investigating Units and Special Tribunals

5. Civil Proceedings

 

5.1 The jurisdiction of the Tribunal is limited to civil proceedings emanating from any investigation of any particular Special Investigating Unit in terms of section 2(1)(b) of the Act.

 

5.2 The words 'civil proceedings', wherever they appear in the Act, including in the preamble and in sections section 2(1)(b) , 4(1)(c), 5(1)(b), 5(5) and 8(2) of the Act, shall include civil proceedings for any relief for the recovery of any damages or losses and the prevention of potential damages or  losses which may be suffered by a state institution under section 4(1)(c) of the Act, in the form of:
(a) an application for a restraint order which may, in an appropriate case, be brought ex parte to the Tribunal for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property to which the order relates;
(b) an application for a preservation order which may, in an appropriate case, be brought ex parte to the Tribunal for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property to which the order relates;
(c) an application for a forfeiture order where a preservation of property order is in force and the order forfeiting to the state all or any of the property that is subject to the preservation of property order is legally competent;
(d) action proceedings for recovery of any damages or losses suffered by a state institution concerned; or
(e) declaratory, interdictory or other forms of relief ancillary to any relief granted by the Tribunal.

 

5.3 The Tribunal may grant relief subject to such conditions and exceptions as may be specified in the order.

 

5.4 The rules of evidence applicable in civil proceedings shall apply to civil proceedings brought in terms of the Act.