Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(a) proof that a person was convicted of any offence for conduct that is relevant to the
determination of whether property is tainted property or terrorist property, is proof that
the person committed the conduct;
(b) the court may, on a balance of probabilities, find that property is tainted property or
terrorist property, even if a person whose conduct is relevant to the determination of
whether property is tainted property or terrorist property was acquitted of an offence
related to that conduct, or if the charge was withdrawn before a verdict was returned,
or if the proceedings were stayed.
81 Property freezing order under Part I of Chapter V
(1) The Attorney-General may apply to the court for a property freezing order in respect of
property that he or she reasonably believes to be tainted property or terrorist property.
(2) An application for a property freezing order shall be in writing and shall be supported
by an affidavit of an authorised officer indicating that the officer believes, and the grounds for
his or her belief, that the property the subject of the application is tainted property or terrorist
property.
(3) An application for a property freezing order may—
(a) be made ex parte and without notice, if the authorised officer sets forth in his or her
affidavit reasonable grounds for believing that the giving of notice to any affected
party is likely to prejudice the purpose for which the application is sought;
(b) include an application for an order by the court limiting or restricting attendance at the
court and publication of its proceedings in terms of the Courts and Adjudicating
Authorities (Publicity Restriction) Act [Chapter 7:04].
(4) The court may make a property freezing order to preserve the specified property where
it is satisfied that there are reasonable grounds to believe that the property, or part of it, is
tainted property or terrorist property.
(5) Within twenty-one days of the granting of a property freezing order or such other
period as the court may direct, notice of the order shall be served on all persons known to the
Attorney-General to have an interest in the property affected by the order, and such other
persons as the court may direct.
82 Further provisions in relation to property freezing orders
(1) Where a court makes a property freezing order, the court may, at the time when it
makes the order, or at any later time, make any further orders that it considers appropriate,
including, without limiting the generality of the foregoing, the following orders—
(a) an order that the property or part of the property specified in the property freezing
order shall be seized, taken into possession, delivered up for safe-keeping or otherwise
secured by the Attorney-General;
(b) an order that the property or part of the property specified in the freezing order shall be
dealt with in a particular manner, including by an encumbrance which is ordered by
the court on such property in favour of the Attorney-General together with an order
that prohibits any other encumbrance, or by a prohibition regarding dealing in or with
such property;
(c) an order to appoint a receiver or trustee to take custody and/or control of the property
or a part of the property that is specified in the property freezing order, and to manage
or otherwise deal with the whole or any part of the property in accordance with any
directions of the court;
(d) such other order for the preservation, management or disposition of the property or
part of the property specified in the property freezing order as the court considers
appropriate.
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