| (1) |
If a court is satisfied that— |
| (i) |
a person had been charged with an offence; |
| (ii) |
a person had been convicted of any offence; |
| (iii) |
a restraint order had been made against a person; or |
| (iv) |
there is sufficient evidence for putting a person on trial for an offence; |
| (b) |
a warrant for his or her arrest had been issued and that the attendance of that person in court could not be secured after all reasonable steps were taken to execute that warrant; |
| (c) |
the proceedings against him or her cannot be resumed within a period of six months due to his or her continued absence; and |
| (d) |
there are reasonable grounds to believe that a confiscation order would have been made against him or her were it not for his or her continued absence, |
the court may, on the application by the National Director, enquire into any benefit the person may have derived from that offence.
| (a) |
Whenever a defendant who has been convicted of an offence dies before a confiscation order is made, the court may, on the application by the National Director, enquire into any benefit the person may have derived from that offence if the court is satisfied that there are reasonable grounds to believe that a confiscation order would have been made against him or her were it not for his or her death. |
| (b) |
The executor of the estate of the deceased shall be entitled to appear before the court and make representations for purposes of the enquiry referred to in paragraph (a). |
| (3) |
The court conducting an enquiry under this section may— |
| (a) |
if the court finds that the person referred to in subsection (1) or (2) has so benefited, make a confiscation order and the provisions of this Part shall, with the necessary changes, apply to the making of such order; |
[Section 24(3)(a) amended by section 19(a) of Act No. 24 of 1999]
| (b) |
if a curator bonis has not been appointed in respect of any of the property concerned, appoint a curator bonis in respect of realisable property; and |
| (c) |
authorise the realisation of the property concerned in terms of Part 4. |
| (4) |
A court shall not exercise its powers under subsection (3)(a) and (c) unless it has afforded all persons having any interest in the property concerned an opportunity to make representations to it in connection with the making of such orders. |
| (5) |
A court conducting an enquiry under this section shall not apply sections 21 and 22. |
[Section 24(5) amended by section 19(b) of Act No. 24 of 1999]
| (6) |
If a person, excluding a person contemplated in subsection (1)(a)(ii), against whom a confiscation order had been made under subsection (3) is subsequently tried and— |
| (a) |
convicted of one or other of the offences in respect of which the order had been made, the court convicting him or her may conduct an enquiry under section 18 and make an appropriate order; |
[Section 24(6)(a) amended by section 19(c) of Act No. 24 of 1999]
| (b) |
acquitted of the offence in respect of which the order had been made, the court acquitting him or her may make an appropriate order. |
Public Service Commission Act, 1997
