Municipal Finance Management Act, 2003
R 385
Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)Chapter 5 : Proceeds of Unlawful ActivitiesPart 4 : Realisation of Property33. Exercise of powers by High Court and curator bonis |
(1) | The powers conferred upon a High Court by sections 26 to 31, or upon a curator bonis appointed under this Chapter, shall— |
(a) | subject to paragraphs (b) and (c), be exercised with a view to making available the current value of realisable property for satisfying any confiscation order made or which might be made against the defendant; |
(b) | in the case of realisable property held by a person to whom that defendant has directly or indirectly made an affected gift, be exercised with a view to realising not more than the current value of such gift; |
(c) | be exercised with a view to allowing any person other than that defendant or the recipient of such gift to retain or recover the current value of any property held by him or her, |
and, except as provided in sections 20(1) and 26(6), any obligation of that defendant or the recipient of such gift which conflicts with the obligation to satisfy a confiscation order shall be left out of account.
(2) | The provisions of subsection (1) shall not be construed as prohibiting any High Court from making any additional order in respect of a debt owed to the State. |