becomes entitled to the return of the article upon default of payment of the stipulated price or any part thereof, the court shall— (i) direct that the article be sold by public auction and that the said seller be paid out of the proceeds of the sale an amount equal to the value of his right under the contract of the article, but not exceeding the proceeds of the sale; or (ii) if the State has disposed of the article in question, direct that the said seller be compensated by the State by an amount equal to the value of his rights under the contract to the article, but not exceeding the extent to which the State has been enriched by such disposal. (5) If a determination by the court of an application in terms of subsection (4) is adverse to the applicant, he may appeal therefrom as if it were a conviction by the court making the determination, and such appeal may be heard either separately or jointly with an appeal against the conviction as a result whereof the declaration of forfeiture was made or against a sentence imposed as a result of such conviction. (6) When determining any rights in terms of subsection (4), the record of the criminal proceedings in which the declaration of forfeiture was made shall form part of the relevant proceedings, and the court making the determination may hear additional evidence, whether by affidavit or orally, as it may think fit. 62A Forfeiture of unlawful consideration in cases of bribery (1) In this section, “agent” and “principal” shall have the meaning given to those terms by section 169 of the Criminal Law Code. (2) Where a court has convicted a person of bribery and does not exercise its powers in terms of section 62 to declare any consideration unlawfully obtained by the convicted person to be forfeited to the State, the court may, in addition to passing sentence give summary judgment in favour of (a) the convicted person’s principal, where the convicted person was an agent when the crime was committed; or (b) in any other case, the State; for an amount equal to the value of the consideration unlawfully received by the convicted person, together with interest, calculated from the date on which the convicted person received the consideration, at the highest rate permissible in terms of the Moneylending and Rates of Interest Act [Chapter 14:14]. (3) A judgment given by a court in terms of subsection (1) shall have the same effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court: Provided that, in the case of a judgment given by the court of a regional magistrate, a copy of the judgment, certified by the clerk of such court, shall be forwarded to the court of the provincial magistrate for the province in which the trial took place and thereupon shall be recorded and have the same effect as a civil judgment of the court of such magistrate. [Section inserted by section 282 of Act 23 of 2004] 63 Disposal of article concerned in offence committed outside Zimbabwe (1) Where an article in connection with which— (a) an offence was committed or is on reasonable grounds suspected to have been committed in a country or territory outside Zimbabwe; or (b) there are reasonable grounds for believing that it will afford evidence as to the commission in a country or territory outside Zimbabwe of any offence or that it was used for the purpose of or in connection with the commission of any such offence; has been seized, the magistrate within whose area of jurisdiction the article was seized may, on application and if satisfied that such offence is punishable in that country or territory by death or by imprisonment for a period of twelve months or more or by a fine of level six or more, order such article to be delivered to a member of a police force established in such country or territory who may thereupon remove it from Zimbabwe. [Subsection amended by section 4 of Act 22 of 2001.] (2) When the article so removed from Zimbabwe is returned to the magistrate or the magistrate refus es to order that the article be delivered as aforesaid, the article shall be returned to the person from whose possession it was taken, unless the magistrate is authorized or required by law to dispose of it otherwise. 64 Women detained for immoral purposes (1) If it appears to a magistrate on complaint made on oath by a parent, husband, relative or guardian of a woman or girl, or any other person who, in the opinion of the magistrate, is acting in good faith in the interests of a woman or girl, that there are reasonable grounds for suspecting that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the magistrate’s jurisdiction, he may issue a warrant directed to a peace officer and authorizing him to search for such woman or girl, and when found to take her to and detain her in a place of safety until she can be brought before a magistrate, and the magistrate before whom she is brought may cause her to be delivered up to her parents, husband, relatives or guardi ans, or otherwise deal with her as the circumstances may permit and require.