CRIMINAL PROCEDURE AND EVIDENCE ACT (4) If a determination by a magistrate of an application in terms of subsection (3) is adverse to the applicant, he may appeal therefrom as if it were a conviction by the court making the determination. (5) When determining any rights in terms of subsection (3), the magistrate may hear such evidence, whether by affidavit or orally, as he may think fit. (6) If, in making an order under subsection (3) (a) or (b) in favour of an applicant, it appears to the magistrate, from the evidence presented before him or her in the course hearing the application, that— (a) the amount, if any, realised by the State when disposing of the article in question was inadequate to cover any costs reasonably incurred in securing the safe custody of the article; and (b) the applicant was negligent or unduly dilatory in pursuing his or her claim to the article in question; the magistrate shall afford the State an opportunity to submit a claim for the recovery of any costs reasonably incurred in securing the safe custody of the article, and, if such submission is made— (c) may grant the whole or any part of such costs as to the magistrate appears reasonable: Provided that such costs must not exceed the reasonably estimated value of the article to be returned, or the value of the compensation awarded or sale price realised under this section, as the case may be; and (d) shall direct the amount of the costs awarded under paragraph (c) to be deducted from any compensation payable or sale price realised under this section. [Subsection inserted by s. 22 of Act No. 2 of 2016] 60 Article to be transferred to court for purposes of trial (1) If criminal proceedings are instituted in connection with any article referred to in section 58(1) and the article is required at a trial for the purposes of evidence or of any order of court, the police officer concerned shall, subject to subsection (2), deliver the article to the registrar or clerk of the court where such criminal proceedings are instituted. [Subsection as amended by s. 28 of Act No. 9 of 2006 and s. 49 of Act No. 2 of 2016] (2) If it is, by reason of the nature, bulk or value of the article in question, impracticable or undesirable that the article be delivered to the registrar or clerk of the court in terms of subsection (1), the registrar or clerk, as the case may be, may require the police officer concerned to retain the article in police custody or in such other custody as may be determined in terms of section 58(1). [Subection amended by s. 49 of Act No. 2 of 2016] (3) The registrar or clerk, as the case may be, of the court shall place any article received in terms of subsection (1) in safe custody, which may include the deposit of money in an official banking account if such money is not required at the trial for the purposes of evidence. [Subsection as amended by s. 28 of Act No. 9 of 2006] (4) Where the trial in question is to be conducted in a court other than the court to which the article was delivered in terms of subsection (1), the registrar or clerk, as the case may be, of the court shall— (a) transfer any article received in terms of that subsection, other than money deposited in a banking account in terms of subsection (3), to the registrar or clerk, as the case may be, of the court in which the trial is to be conducted, and that registrar or clerk shall place such article in safe custody; or (b) in the case of any article retained in police custody or in some other custody in terms of subsection (2) or any money deposited in a banking account in terms of subsection (3), advise the registrar or clerk of the court in which the trial is to be conducted accordingly. 41