Money Laundering and Proceeds of Crime Act Act No. 4/2013 such expenses out of property that is not subject to an interdict, and the court determines it is in the interest of justice to make such a provision. (4) Where a person is required to give a statement pursuant to subsection (2)(a)(i), the person is not excused from making the statement on the ground that the statement might tend to incriminate the person, or make the person liable to a confiscation order, benefit recovery order, or a penalty. (5) Where a person makes a statement pursuant to an order under subsection (2)(a)(i), anything disclosed in any statement and any information, document or thing obtained as a direct or indirect consequence of the statement is not admissible against the person in any criminal proceeding except a proceeding in respect of the falsity of the statement. (6) For the purposes of subsection (5), applications for an interdict, a confiscation order or a benefit recovery order are not criminal proceedings. 44 Exclusion of property from interdict (1) Where a person who is not the relevant person having an interest in property that is subject to an interdict applies to the court to exclude his or her interest from the interdict, the court shall grant the application if satisfied— (a) in the case of an interdict to secure property for a confiscation order, either— (i) that the property is not the proceeds or an instrumentality of crime, that the applicant was not, in any way, involved in the commission of the offence in relation to which the interdict was granted; or (ii) where the applicant acquired the interest— A. before the commission of the offence, the applicant did not know that the relevant person would use, or intended to use, the property in or in connection with the commission of the offence; or B. at the time of or after the commission or alleged commission of the offence, the interest was acquired in circumstances which would not arouse a reasonable suspicion that the property was the proceeds or an instrumentality of crime; (b) in the case of an interdict to secure property for a benefit recovery order, that the property interest which is the subject of the application is not property in which the relevant person has an interest. (2) For purposes of subsection (1)(a)(iii), the value of the applicant’s interest shall be in proportion to the consideration the applicant provided to the relevant person. (3) Where a person having an interest in property that is subject to an interdict who is a defendant applies to the court to exclude his or her interest from the order, the court shall grant the application if satisfied— (a) in the case of an interdict that secures property for a confiscation order, that the property is not the proceeds or an instrumentality of crime; and (b) in the case of on interdict that secures property for a benefit recovery order, that a benefit recovery order cannot be made against the defendant. (4) Where property is restrained to secure it for the purposes of both confiscation and benefit recovery orders, the court may decline to make an order excluding property from restraint if the criteria for exclusion from only one kind of interdict are satisfied upon the ground that the other purpose for which the property is restrained still applies. 45 Recording of interdicts against title to certain properties (1) Where an interdict applies to any property the title to which is evidenced and transferred by registration in accordance with any of the following— (a) the Deeds Registries Act [Chapter 20:05]; or (b) the Mines and Minerals Act [Chapter 21:05]. - 39 -