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

Chapter 5: Proceeds of Unlawful Activities

Part 3: Restraint Orders

28. Appointment of Curator Bonis in respect of Property subject to Restraint Order

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1)Where a High Court has made a restraint order, that court may at any time-

a)appoint a curator bonis to do, subject to the directions of that court, any one or more of the following on behalf of the person against whom the restraint order has been made, namely-

i)to perform any particular act in respect of any of or all the property to which the restraint order relates;

ii)to take care of the said property;

iii)to administer the said property; and

iv)where the said property is a business or undertaking, to carry on, with due regard to any law which may be applicable, the business or undertaking;

b)order the person against whom the restraint order has been made to surrender forthwith, or within such period as that court may determine, any property in respect of which a curator bonis has been appointed under paragraph (a), into the custody of that curator bonis.

 

2)Any person affected by an order contemplated in subsection (1)(b) may at any time apply-

a)for the variation or rescission of the order; or

b)for the variation of the terms of the appointment of the curator bonis concerned or for the discharge of that curator bonis.

 

3)The High Court which made an order contemplated in subsection (1)(b)-

a)may at any time-

i)vary or rescind the order; or

ii)vary the terms of the appointment of the curator bonis concerned or discharge that curator bonis;

b)shall rescind the order and discharge the curator bonis concerned if the relevant restraint order is rescinded;

c)may make such order relating to the fees and expenditure of the curator bonis as it deems fit, including an order for the payment of the fees of the curator bonis-

i)from the confiscated proceeds if a confiscation order is made; or

ii)by the State if no confiscation order is made.