Page 217 - FIC ANTI MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING LEGISLATION

Chapter 6 I POCA
or trustee concerned, as the case may be, as if such a restriction were not so endorsed; or
(b) if the owner of the immovable property is a company or other juristic person which is being wound up, to have formed part of the assets of such company or juristic person as if such a restriction were not so endorsed.
(6) Any person affected by an order contemplated in subsection (1) may at any time apply for the rescission of the order.
44. Provision for expenses
(1) A preservation of property order may make provision as the High Court deems fit for—
(a) reasonable living expenses of a person holding an interest in property subject to a preservation of property order and his or her family or household; and
(b) reasonable legal expenses of such a person in connection with any proceedings instituted against him or her in terms of this Act or any other related criminal proceedings.
(2) A High Court shall not make provision for any expenses under subsection (1) unless it is satisfied that—
(a) the person cannot meet the expenses concerned out of his or her property which is not subject to the preservation of property order; and
(b) the person has disclosed under oath all his or her interests in the property and has submitted to that Court a sworn and full statement of all his or her assets and liabilities.
45. Maximum legal expenses that can be met from preserved property
(1) Despite provision in a preservation of property order for the meeting of legal expenses out of any property to which the order applies, a legal expense is not to be met out of that property to the extent that the amount payable for any legal service concerned exceeds any prescribed maximum allowable cost for that service.
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