| (1) |
Any person affected by a forfeiture order who was entitled to receive notice of the application for the order under section 48(2), but did not receive such notice, may, within 45 days after the notice of the making thereof is published in the Gazette, apply for an order excluding his or her interest in the property concerned from the operation of the order, or varying the operation of the order in respect of such property. |
| (2) |
The application shall be accompanied by an affidavit setting forth— |
| (a) |
the nature and extent of the applicant's right, title or interest in the property concerned; |
| (b) |
the time and circumstances of the applicant's acquisition of the right, title, or interest in the property; |
| (c) |
any additional facts supporting the application; and |
| (3) |
The hearing of the application shall, to the extent practicable and consistent with the interests of justice be held within 30 days of the filing of the application. |
| (4) |
The High Court may consolidate the hearing of the application with a hearing of any other application filed by a person under this section. |
| (5) |
At the hearing, the applicant may testify and present evidence and witnesses on his or her own behalf, and may cross-examine any witness who appears at the hearing. |
| (6) |
The National Director or the curator bonis concerned, or a person authorised in writing thereto by them, may present evidence and witnesses in rebuttal and in defence of their claim to the property and may cross-examine a witness who appears at the hearing. |
| (7) |
In addition to the testimony and evidence presented at the hearing, the High Court may, upon application by the National Director or the curator bonis concerned, or a person authorised in writing thereto by them, order that the testimony of any witness relating to the property forfeited, be taken by commission and that any book, paper, document, record, recording, or other material not privileged be produced at the taking down of such testimony by commission. |
| (8) |
The High Court may make an order under subsection (1), in relation to the forfeiture of the proceeds of unlawful activities, if it finds on a balance of probabilities that the applicant for the order— |
| (a) |
had acquired the interest concerned legally and for a consideration, the value of which is not significantly less than the value of that interest; and |
| (b) |
where the applicant had acquired the interest concerned after the commencement of this Act, that he or she neither knew nor had reasonable grounds to suspect that the property in which the interest is held is the proceeds of unlawful activities. |
[Subsection (8) amended by section 10 of Act No. 38 of 1999]
| (a) |
neither knew nor had reasonable grounds to suspect that the property in which the interest is held is an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities; or |
| (b) |
where the offence concerned had occurred before the commencement of this Act, the applicant has since the commencement of this Act taken all reasonable steps to prevent the use of the property concerned as an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities. |
[Subsection (8A) inserted b y section 27(1) of Act No. 33 of 2004]
| (a) |
When a person who testifies under this section— |
| (i) |
fails to answer fully and to the best of his or her ability any question lawfully put to him or her; or |
| (ii) |
gives false evidence knowing that evidence to be false or not believing it to be true, |
he or she shall be guilty of an offence.
| (b) |
When a person who furnishes an affidavit under subsection (2) makes a false statement in the affidavit knowing that statement to be false or not believing it to be true, he or she shall be guilty of an offence. |
| (c) |
A person convicted of an offence under this subsection shall be liable to the penalty prescribed by law for perjury. |
Basic Conditions of Employment Act, 1997
