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Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)

Chapter V : Proceeds of Drug Trafficking

General

49. Exercise of powers by superior court and curator bonis

 

(1) The powers conferred upon a superior court by sections 42 to 47, 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 for satisfying any confiscation order which has been made against the defendant in question or which may be made against that defendant, as the case may be, the value for the time being of realizable property held by any person by the realization of such property;
(b) in the case of realizable property held by a person to whom that defendant has directly or indirectly made an affected gift, be exercised with a view to realizing no more than the value for the lime being 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 value of any property held by him,

and, except as provided in sections 37(1) and 42(5), 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 superior court from making any additional order in respect of a debt owed to the State.