Money Laundering and Proceeds of Crime Act
Act No. 4/2013
the court may grant an interdict in accordance with subsection (2).
(2) The court may in the interdict order any one or more of the following—
(a) that the property, or such part of the property as is specified in the interdict, is not to be
disposed of, or otherwise dealt with, by any person, except in such manner and in such
circumstances (if any) as are specified in the interdict;
(b) that the property, or such part of the property as is specified in the interdict, shall be
seized, taken into possession, delivered up for safekeeping or otherwise secured by a
named authorised officer, the Attorney-General or such other person appointed for this
purpose by the court;
(c) if the court is satisfied that the circumstances so require, direct a named receiver or
trustee to take custody and control of the property, or such part of the property as is
specified in the interdict and to manage or otherwise deal with the whole or any part of
the property in accordance with any direction from the court.
(3) Where a receiver or trustee has been appointed under subsection (2)(c) in relation to
property, he or she may do anything that is reasonably necessary to preserve the property and its
value including, without limiting the generality of the foregoing—
(a) becoming a party to any civil proceedings that affect the property;
(b) causing that the property to be insured;
(c) realising or otherwise dealing with the property if it is perishable, subject to wasting or
other forms of loss, its value is volatile or the cost of its storage or maintenance is
likely to exceed its value, subject to the proviso that this power may only be exercised
without the prior approval of the court in circumstances where—
(i) all persons known by the receiver or trustee to have an interest in the property
consent to the realisation or other dealing with the property; or
(ii) the delay involved in obtaining such approval is likely to result in a significant
diminution in the value of the property; or
(iii) the cost of obtaining such approval would, in the opinion of the receiver or
trustee, be disproportionate to the value of the property concerned;
(d) if the property consists, wholly or partly, of a business—
(i) employing, or terminating the employment of, persons in the business; and
(ii) doing any other thing that is necessary or convenient for carrying on the
business on a sound commercial basis; and
(iii) selling, liquidating or winding up the business if it is not a viable, going
concern, subject to obtaining the prior approval of the court;
(e) if the property includes shares in a company, exercising rights attaching to the shares
as if the trustee were the registered holder of the shares.
(4) An interdict made under subsection (2)(c) terminates—
(a) when ordered by the court; or
(b) when an order is made pursuant to section ___ 13; or
(c) thirty days after the making of a confiscation order or a benefit recovery order.
(5) An interdict in respect of property may be made whether or not there is any evidence of
risk of the property being disposed of, or otherwise dealt with, in such manner as would defeat
the operation of this Act.
(6) Where an interdict is made the Attorney-General shall, within twenty-one days of the
making of the interdict, or such other period as the court may direct, give notice of the interdict
to persons affected by the order.
13
(sic) Missing section number, as in the published Act.
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