Acts Online
GT Shield

Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

Chapter 6 : Civil Recovery of Property

Part 2 : Preservation of Property

38. Preservation of property orders


(1) The National Director may by way of an ex parte application apply to a High Court for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property.


(2) The High Court shall make an order referred to in subsection (1) if there are reasonable grounds to believe that the property concerned—
(a) is an instrumentality of an offence referred to in Schedule 1; or

[Section 38(2) amended by section 27(1) of Act No. 33 of 2004]


(3) A High Court making a preservation of property order shall at the same time make an order authorising the seizure of the property concerned by a police official, and any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order.

[Section 38(3) amended by section 6 of Act No. 38 of 1999]


(4) Property seized under subsection (3) shall be dealt with in accordance with the directions of the High Court which made the relevant preservation of property order.