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

Chapter 6 : Civil Recovery of Property

Part 2 : Preservation of Property

39. Notice of Preservation of property orders


(1) If a High Court makes a preservation of property order, the National Director shall, as soon as practicable after the making of the order—
(a) give notice of the order to all persons known to the National Director to have an interest in property which is subject to the order; and
(b) publish a notice of the order in the Gazette.


(2) A notice under subsection (1)(a) shall be served in the manner in which a summons whereby civil proceedings in the High Court are commenced, is served.


(3) Any person who has an interest in the property which is subject to the preservation of property order may enter an appearance giving notice of his or her intention to oppose the making of a forfeiture order or to apply for an order excluding his or her interest in the property concerned from the operation thereof.


(4) An appearance under subsection (3) shall be delivered to the National Director within, in the case of—
(a) a person upon whom a notice has been served under subsection (1)(a), 14 days after such service; or
(b) any other person, 14 days after the date upon which a notice under subsection (1)(b) was published in the Gazette.


(5) An appearance under subsection (3) shall contain full particulars of the chosen address for the delivery of documents concerning further proceedings under this Chapter and shall be accompanied by an affidavit stating—
(a) full particulars of the identity of the person entering the appearance;
(b) the nature and extent of his or her interest in the property concerned; and
(c) the basis of the defence upon which he or she intends to rely in opposing a Forfeiture order or applying for the exclusion of his or her interests from the operation thereof.