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

Chapter VI : Mutual Assistance in respect of Drug Trafficking

Foreign confiscation orders

56. Registration of foreign confiscation orders

 

(1) Whenever a certified copy of a foreign confiscation order is lodged with a clerk of a lower court in the Republic, that clerk shall register the foreign confiscation order in the prescribed manner—
(a) where the foreign confiscation order was made for the payment of money, in respect of the balance of the amount payable thereunder; or
(b) where the foreign confiscation order was made for the recovery of particular property, in respect of the property which is specified therein.

 

(2) The clerk of the lower court registering a foreign confiscation order shall forthwith issue a notice addressed any person against whom the foreign confiscation order may be enforced and stating—
(a) that the foreign confiscation order has been registered at the lower court concerned; and
(b) that any such person may within the prescribed period apply to that lower court for the setting aside of the registration of the foreign confiscation order,

and such notice shall be served on any such person in the prescribed manner.

 

(3) If any amount payable under a foreign confiscation order registered in terms of this section is expressed in a currency other than the currency of the Republic, that amount shall be converted into the currency of the Republic on the basis of the exchange rate prevailing on the date of registration of the foreign confiscation order.

 

 


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