Criminal Law Code as at 1st March 2007 2. In section 32 by the insertion of the following proviso to subsection (3c)— “Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order or warrant for the person’s further detention is issued, make a report to the AttorneyGeneral on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person’s detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person.”. 3. In section 34 by the insertion of the following proviso to subsection (5)— “Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order for the person’s further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person’s detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person.”.” 4. By the repeal of section 44. 5. By the insertion after section 62 of the following section— “62A Forfeiture of unlawful consideration in cases of bribery (1) In this section, “agent” and “principal” shall have the meaning given to those terms by section 169 of the Criminal Law Code. (2) Where a court has convicted a person of bribery and does not exercise its powers in terms of section 62 to declare any consideration unlawfully obtained by the convicted person to be forfeited to the State, the court may, in addition to passing sentence give summary judgment in favour of⎯ (a) the convicted person’s principal, where the convicted person was an agent when the crime was committed; or (b) in any other case, the State; for an amount equal to the value of the consideration unlawfully received by the convicted person, together with interest, calculated from the date on which the convicted person received the consideration, at the highest rate permissible in terms of the Moneylending and Rates of Interest Act [Chapter 14:14]. (3) A judgment given by a court in terms of subsection (1) shall have the same effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court: Provided that, in the case of a judgment given by the court of a regional magistrate, a copy of the judgment, certified by the clerk of such court, shall be forwarded to the court of the provincial magistrate for the province in which the trial took place and thereupon shall be recorded and have the same effect as a civil judgment of the court of such magistrate.”. - 165 -