| (1) |
A High Court may exercise the powers conferred upon it by subsection (2) when— |
| (a) |
a confiscation order has been made against the defendant concerned; |
| (b) |
such confiscation order is no longer subject to review or appeal; and |
| (c) |
the proceedings against that defendant have not been concluded. |
| (a) |
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; |
| (b) |
subject to subsection (3), authorise a curator bonis appointed under section 28(1)(a) or under paragraph (a) of this subsection, as the case may be, to realise any realisable property in such manner as that court may determine; |
| (c) |
order any person who holds realisable property to surrender the said property forthwith into the custody of a curator bonis appointed under section 28(1)(a) or under paragraph (a) of this subsection, as the case may be. |
| (3) |
A High Court shall not exercise its powers under subsection (2)(b) unless it has afforded all persons known to have any interest in the property concerned an opportunity to make representations to it in connection with the realisation of that property. |
| (4) |
If the court referred to in subsection (2) is satisfied that a person— |
| (a) |
is likely to be directly affected by the confiscation order; or |
| (b) |
has suffered damage to or loss of property or injury as a result of an offence or related criminal activity referred to in section 18(1) which was committed by the defendant, |
the court may allow that person to make representations in connection with the realisation of that property.
| (5) |
If the court is satisfied that a person who has suffered damage to or loss of property or injury as a result of an offence or related criminal activity referred to in section 18(1) which was committed by the defendant— |
| (a) |
has instituted civil proceedings, or intends to institute such proceedings within a reasonable time; or |
| (b) |
has obtained a judgment against the defendant, |
in respect of that damage, loss or injury, the court may order that the curator bonis suspend the realisation of the whole or part of the realisable property concerned for the period that the court deems fit in order to satisfy such a claim or judgment and related legal expenses and may make such ancillary orders as it deems expedient.
| (6) |
The curator bonis shall as soon as possible after— |
| (i) |
the proceedings referred to in subsection (5)(a) have been disposed of; or |
| (ii) |
the judgment referred to in subsection (5)(b) has been satisfied, as the case may be; or |
[Section 30(6)(a) amended by section 21 of Act No. 24 of 1999]
| (b) |
the period determined under subsection (5) has expired, |
[Section 30(6)(b) amended by section 21 of Act No. 24 of 1999]
whichever occurs first, realise the realisable property concerned as contemplated in subsection (2).
Stamp Duties Act, 1968 (Act 77 of 1968)
