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

Rules

Special Tribunals Rules

27. Curator Bonis

 

(1) Where the Tribunal grants a restraint or a preservation order, the Tribunal may at any time appoint a curator bonis who shall, after the issuing of letters of curatorship:
(a) assume control of the property and take such property into his or her custody;
(b) take care of the said property;
(c) administer the said property;
(d) and to do any necessary act for that purpose;
(e) where the said property is a business or undertaking, carry on, with due regard to any law which may be applicable, the said business or undertaking.

 

(2) The Tribunal may order the person against whom the restraint or preservation order has been granted or any person holding property subject to the restraint or preservation order, to surrender forthwith, or within such period as that the Tribunal may determine, any such property into the custody of the curator bonis.

 

(3) Any person affected by an order contemplated in this Rule may at any time apply to a Tribunal for:
(a) variation or rescission of the order; and
(b) for variation of the terms of the appointment of curator bonis concerned or for the discharge of that curator bonis.

 

4) The Tribunal which made an order contemplated in this Rule may at any time:
(a) vary or rescind the order; or
(b) vary  the  terms  of  the  appointment  of  the curator  bonis concerned or discharge that curator bonis; or
(c) shall  rescind  the  order  and  discharge  the curator  bonis concerned if the relevant restraint order is rescinded; and
(d) may make, such an order relating to the fees and expenditure of the curator bonis as it deems appropriate, including an order for the payment of the fees of the curator bonis by the State.