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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Rules

Special Tribunals Rules

25. Restraint and Preservation Orders (Property outside the Republic)

 

(1) The Tribunal may, on application by the SIU or any interested party, grant a restraint and/or preservation order in respect of property situated outside of the Republic.

 

(2) The said order may prohibit the removal and/or disposal of the implicated asset/s before the finalisation of proceedings against respondent.

 

(3) The Tribunal may simultaneously therewith, if it appears  to  the Tribunal that the person against whom the order has been made owns property in the foreign State concerned, issue letters rogatory (letters of request) as contemplated in section 23 of the International Cooperation in Criminal Matters Act 75 of 1996 requesting assistance in enforcing such an order in a foreign State.

 

(4) Letters rogatory contemplated in sub-Rule (3) shall be sent to the Director-General of the Department of Justice for transmission to:
(a) the court or Tribunal specified in the request; or
(b) the appropriate government body in the requested State.