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

Chapter 6 : Civil Recovery of Property

Part 3 : Forfeiture of Property

49. Late entry of appearance


(1) Any person who, for any reason, did not enter an appearance in terms of section 39(3) may, within 14 days of him or her becoming aware of the existence of a preservation of property order, apply to the High Court for leave to enter such an appearance.


(2) An application in terms of subsection (1) may be made before or after the date on which an application for a forfeiture order is made under section 48(1), but shall be made before judgment is given in respect of such an application for a forfeiture order.


(3) The High Court may grant an applicant referred to in subsection (1) leave to enter an appearance in terms of section 39(3) within the period which the Court deems appropriate, if the Court is satisfied on good cause shown that such applicant—
(a) has for sufficient reason failed to enter an appearance in terms of section 39(3); and
(b) has an interest in the property which is subject to the preservation of property order.


(4) When a High Court grants an applicant leave to enter an appearance, the Court—
(a) shall make any order as to costs against the applicant; and
(b) may make any order to regulate the further participation of the applicant in proceedings concerning an application for a forfeiture order,

which it deems appropriate.


(5) An appearance entered after leave has been obtained under this section shall contain full particulars of the chosen address of the person who enters such appearance for the delivery of documents concerning further proceedings under this Chapter and shall be accompanied by an affidavit referred to in section 39(5).