| (1) |
In this Chapter, unless the context indicates otherwise— |
means any gift—
| (a) |
made by the defendant in question not more than five years before the fixed date; or |
| (b) |
made by the defendant in question at any time, if it was a gift— |
| (i) |
of property received by that defendant in connection with drug trafficking carried on by him or any other person; or |
| (ii) |
of property, or any part thereof, which directly or indirectly represented in that defendant's hands property received by him in that connection, |
whether any such gift was made before or after the commencement of this Act;
| (ii) |
"confiscation order" |
means an order referred to in section 35(1);
means a person against whom a prosecution for an offence referred to in section 13(f) or 14(b) has been instituted, irrespective of whether he has been convicted or not, and includes a person referred to in section 41(1)(b);
includes—
| (b) |
any act or omission outside the Republic which, if it had occurred in the Republic, would have constituted a drug offence or an economic offence, |
or to be concerned in any such act or omission;
in relation to a defendant—
| (a) |
if a prosecution for an offence referred to in section 13(j) or 14(b) has been instituted against the defendant, means the date on which such prosecution has been instituted; or |
| (b) |
if a restraint order has been or is being made against the defendant, means the date of such restraint order, |
whichever is the earlier date;
means an order referred to in section 42(1);
means a provincial or local division of the Supreme Court of South Africa, and includes, for the purposes of sections 41 to 45, any judge thereof.
| (2) |
In this Chapter, except where it is inconsistent with the context or clearly inappropriate, any reference— |
| (a) |
to a person who holds property shall be construed as a reference to a person who has any interest in the property, and— |
| (i) |
if the estate of such person has been sequestrated, also to the executor of his insolvent estate; or |
| (ii) |
if such person is a company or other juristic person which is being wound up, also to the liquidator thereof; |
| (b) |
to a person who transfers property to any other person shall be construed as a reference a person who transfers or grants to any other person any interest in the property; |
| (c) |
to anything received in connection with drug trafficking shall be construed as a reference also to anything received both in that connection and in some other connection. |
Counterfeit Goods Act, 1997
