| (2) |
A notice of forfeiture shall— |
| (b) |
be signed by the proper officer; |
| (c) |
set forth the grounds on which, and refer to the provisions of this Act under which, the forfeiture is claimed; and |
| (d) |
state that unless the ship or share is or the goods are released in accordance with the provisions of subsection (8) or under an order of court, the ship, share or goods will be forfeited; |
| (e) |
be served, in the case of a ship or share in a ship, upon the master of the ship, and, in the case of goods, upon the owner or if he is not within the Republic or his address is not known, upon the person in whose physical possession they are. |
| (3) |
The owner or any other person interested in any ship, share in a ship or goods in respect of which a notice of forfeiture has been issued, who objects to the forfeiture thereof, shall, within the period of thirty days from the date upon which the notice of forfeiture was served, or within such further period as may be fixed by the court under subsection (7), give notice in writing to the Authority or to the proper officer who issued the notice, that he claims the release of the ship, share or goods, as the case may be. |
| (4) |
If notice is not given by the owner or interested person in terms of subsection (3), no legal proceedings shall thereafter be instituted by him against the State, the Minister, the Authority, the Authority or any other officer for the release of the ship, share or goods or based merely upon the detention, seizure or forfeiture thereof. |
[Section 336(4) substituted by section 2(2) of Act No. 5 of 1998]
| (5) |
When notice has been given in terms of subsection (3), the person giving such notice may, within the period of ninety days from the date on which it was delivered to the Authority, or within such further period as may be fixed by the court under subsection (7), but not earlier than thirty days from the date upon which the said notice was so delivered, institute proceedings in a court of competent jurisdiction for the release of the ship, share or goods. |
| (a) |
notice is not given in terms of subsection (3); or |
| (b) |
such notice having been given, proceedings are not instituted in terms of subsection (5); or |
| (c) |
such proceedings having been instituted, the court dismisses the claim for release, |
the ship, share or goods shall be forfeited and become the property of the State—
| (i) |
upon expiry of the period of thirty days from the date upon which the notice of forfeiture was served, or upon expiry of such further period as may be fixed by the court under subsection (7); or |
| (ii) |
upon expiry of the period of ninety days from the said date, or upon expiry of such further period as may be fixed by the court under subsection (7); or |
| (iii) |
upon dismissal by the court of the claim for release, respectively. |
| (7) |
A court having jurisdiction to try a claim for the release of the ship, share or goods, may, before or after the expiry of the period referred to in subsection (3) or (5), extend such period, if it thinks that the interests of justice so require. |
| (8) |
The Authority may at any time before the forfeiture has become effective in terms of subsection (6) direct that a notice of forfeiture be withdrawn, and thereupon the provisions of subsections (6), (7) and (8) of section three hundred and thirty-five shall, mutatis mutandis, apply. |
Protection of Businesses Act, 1978
