Public Service Commission Act, 1997
R 385
Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)RulesSpecial Tribunal Rules24. Interdicts concerning disputed property located in the Republic of South Africa |
| (1) | Any interested person or party including the SIU may by way of an ex parte application apply to the Tribunal for an order prohibiting any person, subject to such conditions as may be specified in the order, from dealing in any manner with any disputed property. |
| (2) | The application must demonstrate that the property concerned, constitutes the proceeds of unlawful activities emanating from the findings of an investigation conducted by SIU, pursuant to a proclamation made by the President relevant to that investigation, in terms of section 2 of the Act. |
| (3) | The Tribunal, at the time of granting an interdict, may at the same time make an order authorising the seizure of the property concerned by an SIU official and any other ancillary orders that the Tribunal considers appropriate for the proper fair and effective execution of the prohibition order. |
| (4) | Property seized under this Rule shall be dealt with in accordance with the directions of the Tribunal. |
| (5) | Where the Tribunal orders an interdict on the use of a property, the SIU shall, as soon as is practicable after granting the order— |
| (a) | give notice of the order to all persons known to the SIU to have an interest in property which is subject to the order; and |
| (b) | publish a notice of the order in the Gazette. |
| (6) | A notice referred to in sub-rule 5 shall be served in the manner provided for in these Rules. |
| (7) | Any person who has an interest in the property which is subject to the interdict may deliver an appearance to oppose the interdict or deliver an application for an order excluding his or her interest in the property under such order of the interdict. |
| (8) | An appearance or application under this Rule shall be delivered to the SIU and in the case of— |
| (a) | a person upon whom a notice has been served under sub-rule 5, not later than 14 days after such service; or |
| (b) | any other person, not later than 14 days after the date upon which a notice referred to in sub-rule 5(1)(b), was published in the Gazette. |
| (9) | An appearance or application under sub-rule 5 shall contain full particulars of the chosen address for the delivery of documents concerning further proceedings and shall be accompanied by an affidavit stating— |
| (a) | full particulars of the identity of the person delivering the application; |
| (b) | the nature and extent of his or her interest in the property concerned; and |
| (c) | the reasons upon which he or she intends to rely in opposing the interdict or applying for the exclusion of his or her interests from the operation thereof. |
