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Proceeds of Crime Act, 1996 (Act No. 76 of 1996)

Chapter 4 : Realisation of property

21. Application of certain sums of money

 

 

(1) The following sums of money in the hands of a curator bonis appointed under this Act, namely—
(a) the proceeds of any realisable property realised by virtue of section 20; and
(b) any other sums of money, being property of the defendant concerned, shall, after such payment as the superior court may direct have been made out of such sums of money, be applied on that defendant's behalf in satisfaction of the confiscation order made against him or her: Provided that where the superior court may direct payment out of such sums of money, the State shall not have a preferential claim: Provided further that, if sums of money remain in the hands of the curator bonis after the amount payable under such confiscation order has been fully paid, the curator bonis shall distribute those sums of money—
(i) among such persons who held realisable property which has been realised by virtue of section 20; and
(ii) in such proportions,

as that court may, after affording such persons an opportunity to make representations to it in connection with the distribution of those sums of money, direct.

 

(2) Without limiting the generality of subsection (1) such payment as the superior court may direct shall, for the purposes of that subsection, include any payment in respect of an obligation which was found to have priority in terms of section 10.