| (1) |
If a prosecution for an offence referred to in section 13(f) or 14(b) has been instituted against a defendant and either— |
| (a) |
the prosecution docs not result in a conviction of such an offence; or |
| (b) |
the conviction in respect of such an offence is set aside on review or appeal, |
any superior court may, on the application of any person who held property which was realizable property, order the State to pay compensation to the applicant if, having regard to the circumstances of the case, that court considers it appropriate to make such an order.
| (2) |
A superior court shall not make an order contemplated in subsection (1) unless that court is satisfied— |
| (a) |
that there has been some serious default on the pan of any police official or public prosecutor concerned in the investigation or prosecution of the offence; and |
| (b) |
that, but for such default, the prosecution would not have been instituted or continued; and |
| (c) |
that the applicant has suffered substantial loss or damage in consequence of anything done in respect of the property under sections 42 to 47 and 49(2). |
| (3) |
The amount to be paid as compensation in terms of this section shall be such amount as the superior court may consider just in the circumstances of the case. |
Basic Conditions of Employment Act, 1997
