| (1) |
If a person has absconded and the proceedings against him or her cannot be resumed within a period of six months due to his or her continued absence and the court is satisfied that— |
| (a) |
the person had been charged with an offence, that a restraint order had been made against him or her or that there would have been sufficient evidence for putting him or her on trial for an offence were it not for his or her absence; and |
| (b) |
there are reasonable grounds to believe that a confiscation order would have been made against him or her, |
the court may, on the application by the Attorney-General or any public prosecutor authorised thereto in writing by him or her, enquire into any benefit the person may have derived from that offence or any related criminal activity.
| (2) |
The court conducting an enquiry contemplated in subsection (1) may— |
| (a) |
if the court finds that the person referred to in that subsection has so benefited, make a confiscation order and the provisions of this Chapter shall, with the necessary changes, apply to the making of such order; |
| (b) |
if a curator bonis has not been appointed in respect of any of the property concerned, appoint a curator bonis in respect of realisable property; and |
| (c) |
authorise the realisation of the property concerned in terms of Chapter 4. |
| (3) |
A court shall not exercise its powers under subsection (2)(a) and (c) unless it has afforded all persons having any interest in the property concerned an opportunity to make representations to it in connection with the making of such orders. |
Gold Membership
