Money Laundering and Proceeds of Crime Act
Act No. 4/2013
an interdict under subsection (2) restraining any relevant person or other specified person from
dealing with either or both of the following kinds of property—
(a) specified property that is reasonably believed to be tainted property or terrorist
property;
(b) specified tainted property or terrorist property in which the relevant person has an
interest.
(2) An application for an interdict against property reasonably believed to be tainted
property or terrorist property may be made to secure property for the purposes of an application
for a confiscation order pursuant to section 50.
(3) An application for an interdict against specified tainted property or terrorist property
in which the relevant person has an interest may be made to secure property for the purposes of
a benefit recovery order pursuant to section 59.
(4) If so requested by the Attorney-General, an application for an interdict pursuant to
subsection (1) shall be heard ex parte and in camera in accordance with the terms of the Courts
and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04], unless to do so would
clearly not be in the interest of justice.
(5) An application made to interdict property for the purposes of a confiscation order
under subsection (1)(a) shall be in writing and shall be supported by an affidavit of a police
officer indicating that the officer believes, and the grounds for his or her belief, that the
property which is the subject of the application is tainted property or terrorist property.
(6) Where an application under subsection (1)(a) is made prior to the charging of a person
for a serious offence, the affidavit shall also set forth the officer’s belief, and the grounds for
his or her belief, that the relevant person committed the offence, is the subject of an
investigation for the offence and is likely to be charged with the offence or an offence arising
from the same conduct.
(7) An application to interdict property for the purposes of a benefit recovery order under
subsection (1)(b) shall be in writing and shall be supported by an affidavit of a police officer
indicating that the officer believes, and the grounds for his or her belief, that the relevant person
derived a benefit directly or indirectly from the commission of the serious offence.
(8) Where an application under subsection (1)(b) is made prior to the charging of the
person with a serious offence, the affidavit shall also set forth the officer’s belief, and the
grounds for his or her belief, that the relevant person committed the offence and is likely to be
charged with the offence or a related offence.
(9) If property which is the subject of an application under subsection (1)(b) is the property
of a third party, the affidavit shall indicate that the officer believes, and the grounds for his or
her belief, that the relevant person has an interest in the property.
41 Interdict and notice thereof
(1) Where the Attorney-General applies to the court for an interdict in accordance with
section 40, and the court is satisfied, having regard to the facts and beliefs set out in the affidavit
in support of the application and any other relevant matter, that there are reasonable grounds to
believe that—
(a) the relevant person committed the serious offence and is either the subject of a
criminal investigation or has been charged with the offence, where the relevant person
has not been convicted of the offence; or
(b) the property which is the subject of the application is tainted property or terrorist
property, where the application for an interdict is made for the purpose of securing
property for the purpose of a confiscation order,; or
(c) the relevant person derived a benefit from the commission of the serious offence, and
has an interest in that property, where the application for an interdict is made for the
purpose of securing property for the purpose of a benefit recovery order;
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