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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

42. Appointment of curator bonis in respect of property subject to preservation of property order


(1) Where a High Court has made a preservation of property order, the High Court shall, if it deems it appropriate, at the time of the making of the order or at a later time—
(a) appoint a curator bonis to do, subject to the directions of that High Court, any one or more of the following on behalf of the person against whom the preservation of property order has been made, namely—
(i) to assume control over the property;
(ii) to take care of the said property;
(iii) to administer the said property and to do any act necessary for that purpose; and
(iv) where the said property is a business or undertaking, to carry on, with due regard to any law which may be applicable, the business or undertaking; and
(b) order any person holding property subject to the preservation of property order to surrender forthwith, or within such period as that Court may determine, any such property into the custody of the curator bonis.

[Section 42(1) amended by section 7 of Act No. 38 of 1999]


(2) The High Court which made an order under subsection (1) may make such order relating to the fees and expenditure of the curator bonis as it deems fit, including an order for the payment of the fees of the curator bonis
(a) from the forfeited property if a forfeiture order is made; or
(b) by the State if no forfeiture order is made.