Money Laundering and Proceeds of Crime Act Act No. 4/2013 67 Discharge of benefit recovery order (1) A benefit recovery order is discharged— (a) on the satisfaction of the order by payment of the amount due under the order; or (b) if the conviction of the offence or offences in reliance on which the order was made is or is taken to be quashed and no conviction for the offence or offences is substituted; or (c) if the order is quashed. (2) A person's conviction for an offence shall be taken to be quashed in any case— (a) where a person is convicted of the offence, if the conviction is quashed or set aside; (b) where a person is charged with and found guilty of the offence but is discharged without any conviction being recorded, if the finding of guilt is quashed or set aside; or (c) where the person is granted a pardon in respect of the person's conviction for the offence. PART V CONFISCATION AND BENEFIT RECOVERY ORDERS GENERALLY; COMPENSATION ORDERS 68 Reviews and appeals re confiscation and benefit recovery orders (1) A person who is aggrieved by— (a) a confiscation order; or (b) a benefit recovery order; may seek a review of such order no later than the date specified in the order for its execution from— (c) the High Court, in the case of a benefit recovery or confiscation order granted by a magistrates court; or (d) the Supreme Court, in the case of a benefit recovery order or confiscation order granted by the High Court. (2) On an review in terms of subsection (1)— (a) the reviewing court may confirm, correct, vary, set aside or set aside and substitute the confiscation or benefit recover19 order; or (b) refer any question of fact or law in connection with the confiscation or benefit recover20 order back for consideration by the court that issued it. (3) An appeal on a question of law only shall lie to the Supreme Court from any decision of the High Court or a magistrates court on a review in terms of this section or on a referral in terms of subsection (2)(b). 69 Realisation of property subject to confiscation or benefit recovery order (1) Where a confiscation order or benefit recovery order is not subject to review under section 68, and is not discharged, the court may, on an application by the Attorney-General, exercise the powers conferred upon the court by this section. (2) The court may appoint a receiver or trustee to take possession and control of, and then to realise— (a) where a confiscation order has been made, the property subject to confiscation pursuant to that order; and 19 (sic) 20 (sic) - 51 -