Page 220 - FIC ANTI MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING LEGISLATION

Chapter 6 I POCA
218
(3) (a)
Any person affected by an order in respect of immovable property may at any time apply for the rescission of the order.
(b) A High Court which made an order in respect of immovable property—
(i) may, if it deems it necessary in the interests of justice, at any time rescind the order; or
(ii) shall rescind the order if the relevant preservation of property order is rescinded.
(c) If an order in respect of immovable property is rescinded, the High Court shall direct the registrar of deeds concerned to cancel any restriction endorsed by virtue of that order on the title deed of immovable property, and that registrar of deeds shall give effect to any such direction.
(4) The noting of an appeal against a decision to vary or rescind any order referred to in this section shall suspend such a variation or rescission pending the outcome of the appeal.
PART 3: FORFEITURE OF PROPERTY 48. Application for forfeiture order
(1) If a preservation of property order is in force the National Director, may apply to a High Court for an order forfeiting to the State all or any of the property that is subject to the preservation of property order.
(2) The National Director shall give 14 days [sic] notice of an application under subsection (1) to every person who entered an appearance in terms of section 39(3).
(3) A notice under subsection (2) shall be served in the manner in which a summons whereby civil proceedings in the High Court are commenced, is served.
(4) Any person who entered an appearance in terms of section 39(3) may appear at the application under subsection (1)—