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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

50. Making of forfeiture order


(1) The High Court shall, subject to section 52, make an order applied for under section 48(1) if the Court finds on a balance of probabilities that the property concerned—
(a) is an instrumentality of an offence referred to in Schedule 1; or

[Section 50(1) amended by section 27(1) of Act No. 33 of 2004]


(2) The High Court may, when it makes a forfeiture order or at any time thereafter, make any ancillary orders that it considers appropriate, including orders for and with respect to facilitating the transfer to the State of property forfeited to the State under such an order.


(3) The absence of a person whose interest in property may be affected by a forfeiture order does not prevent the High Court from making the order.


(4) The validity of an order under subsection (1) is not affected by the outcome of criminal proceedings, or of an investigation with a view to institute such proceedings, in respect of an offence with which the property concerned is in some way associated.


(5) The Registrar of the Court making a forfeiture order must publish a notice thereof in the Gazette as soon as practicable after the order is made.


(6) A forfeiture order shall not take effect—
(a) before the period allowed for an application under section 54 or an appeal under section 55 has expired; or
(b) before such an application or appeal has been disposed of.