CRIMINAL PROCEDURE AND EVIDENCE ACT (b) during the trial of a person, moneys have been produced by a witness who holds the moneys on behalf of that person; or (c) a court is satisfied that a person against whom criminal proceedings have been instituted holds moneys in an account kept with a bank, building society or similar institution; and, upon that person’s conviction of an offence, an award of compensation is made against him in terms of this Part, the court may order that the award shall be satisfied wholly or partly out of such moneys. 374 Person granted award or order debarred from further civil remedy A convicted person against whom an award or order has been made in terms of this Part shall not be liable at the suit of the injured party in whose favour the award or order was made to any other civil proceedings other than proceedings for the enforcement of the award or order in respect of— (a) the loss or diminution of the right or the personal injury in respect of which the award of compensation was made; or (b) the restitution of the property in respect of which the order was made; as the case may be. 375 Part XIX not to derogate from other laws relating to compensation or restitution (1) This Part shall not limit the operation of any other law relating to compensation for loss or diminution of rights or for personal injury caused by offences or relating to the restitution of stolen or other property. (2) The fact that a person failed to apply for an award or order in terms of this Part or was refused such an award or order shall not affect his right to claim any compensation or the restitution of any property in any civil proceedings. PART XX PARDON AND COMMUTATION 376 Saving of President’s prerogative of mercy Nothing in this Act shall affect the prerogative of mercy of the President. 377 President may commute sentence (1) In any case in which the President exercises the prerogative of mercy conditionally in respect of an offender under sentence of death, he may, without the consent of the offender, commute the punishment to any punishment provided by law. (2) Any such commutation shall be signified in writing to the Prosecutor-General, who shall thereupon allow the offender the benefit of the conditional pardon and make an order that he be punished in the manner directed by the President and such allowance and order shall have the effect of a valid sentence passed by the court before which the offender was convicted. [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] 378 Exercise of prerogative of mercy in respect of offenders under sentence of imprisonment The President may, in any case not referred to in section three hundred and seventy-seven, exercise the prerogative of mercy in respect of an offender under sentence of imprisonment without the consent of the offender and— (a) where he does so by suspending the operation of the whole or any part of such sentence, he may suspend the sentence for such period and upon such conditions as could a court acting in terms of paragraph (b) of subsection (2) of section three hundred and fifty-eight, and the provisions of that section shall thereafter apply, mutatis mutandis, in respect of such suspension as though the sentence had been suspended by the court which imposed the sentence upon the offender; 143