| (a) |
may on application by a person affected by that order vary or rescind the preservation of property order or an order authorising the seizure of the property concerned or other ancillary order if it is satisfied— |
| (i) |
that the operation of the order concerned will deprive the applicant of the means to provide for his or her reasonable living expenses and cause undue hardship for the applicant; and |
| (ii) |
that the hardship that the applicant will suffer as result of the order outweighs the risk that the property concerned may be destroyed, lost, damaged, concealed or transferred; and |
| (b) |
shall rescind the preservation of property order when the proceedings against the defendant concerned are concluded. |
| (1A) |
When a Court orders the rescission of an order authorising the seizure of property under paragraph (a) of subsection (1) the court shall make such other order as it considers appropriate for the proper, fair and effective execution of the preservation of property order concerned. |
| (a) |
Any person affected by an order for the appointment of a curator bonis may at any time apply— |
| (i) |
for the variation or rescission of the order; |
| (ii) |
for the variation of the terms of the appointment of the curator bonis concerned; or |
| (iii) |
for the discharge of the curator bonis. |
| (b) |
A High Court which made an order for the appointment of a curator bonis— |
| (i) |
may, if it deems it necessary in the interests of justice, at any time— |
| (aa) |
vary or rescind the order; |
| (bb) |
vary the terms of the appointment of the curator bonis concerned; or |
| (cc) |
discharge that curator bonis; |
| (ii) |
shall rescind the order and discharge the curator bonis concerned if the relevant preservation of property order is rescinded. |
| (a) |
Any person affected by an order in respect of immovable property may at any time apply for the rescission of the order. |
| (b) |
A High Court which made an order in respect of immovable property— |
| (i) |
may, if it deems it necessary in the interests of justice, at any time rescind the order; or |
| (ii) |
shall rescind the order if the relevant preservation of property order is rescinded. |
| (c) |
If an order in respect of immovable property is rescinded, the High Court shall direct the registrar of deeds concerned to cancel any restriction endorsed by virtue of that order on the title deed of immovable property, and that registrar of deeds shall give effect to any such direction. |
| (4) |
The noting of an appeal against a decision to vary or rescind any order referred to in this section shall suspend such a variation or rescission pending the outcome of the appeal. |
[Subsection (4) inserted by section 8(c) of Act No. 38 of 1999]
Housing Development Agency Act, 2008
