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as if the references in that provision to the place where the cash is found are
references to the police station; or
(ii) paragraph (b) shall apply to the counting of the cash;
whichever course is appropriate to the circumstances of the case;
(d) shall, where the defendant is not present at the place where it is found, secure the
attendance of any two witnesses who are not police officers or inspectors for the
purposes of paragraphs (a), (b) or (c), and those paragraphs shall apply as if the
references in them to the defendant are references to such witnesses:
Provided that—
(i) the witnesses shall not be required to count any cash to be seized; and
(ii) where cash is removed from the place where it is found—
A. a notice in writing to that effect, and of the police station to which it has
been removed, shall be prominently displayed by the police officer or
inspector at the place from where it is removed; and
B. the appropriate receipt shall be despatched at the earliest opportunity to
the defendant.
(5) Where a defendant refuses to count the cash as requested under subparagraph (ii) of
paragraph (a) of subsection (4), or refuses or fails to accompany a police officer or inspector, or
be present at the counting of the cash in terms of paragraph (b) or (c) of subsection (4), a police
officer or inspector may count the cash seized within the next forty-eight hours after it was seized
and, within that period, issue to the defendant a receipt for the amount of the cash thus counted,
which amount shall be presumed to be the correct amount of the cash seized.
(6) A police officer or inspector who seizes cash in terms of this Part shall, no later than
forty-eight hours after it has been counted, deposit the cash in the Detained Cash Trust Account
and submit to the Unit a copy of the receipt issued in relation to such deposit together with the
name and address of the defendant from whom the cash was seized.
(7) Cash held in the Detained Cash Trust Account may not be held for more than fourteen
days after seizure, unless a magistrate orders its continued detention for a period not exceeding
three months from the date of seizure.
(8) Where cash has been seized in terms of this Part and, at the end of the period of seven
days after its seizure, the matter has not been laid before a magistrate, any person who claims an
interest in the cash may (subject to subsection (12)) apply to a magistrate for an order that the
cash be returned to him or her.
(9) In granting an order for the further detention of the money, a magistrate shall satisfy
himself or herself that there are reasonable grounds for the suspicion that the cash was held in
connection with a cash detainable offence, and consideration is being given to institute criminal
proceedings for such offence.
(10) A magistrate may subsequently order the continued detention of the cash if he or she is
satisfied that the conditions set out in subsection (9) still exist, but the total period of detention
shall not exceed six months, and shall be calculated from the date the order was made in terms of
that subsection.
(11) Subject to subsection (12), cash detained in terms of this section may be released in
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