Page 221 - FIC ANTI MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING LEGISLATION

Chapter 6 I POCA
(a) to oppose the making of the order; or
(b) to apply for an order—
(i) excluding his or her interest in that property from the operation of the order; or
(ii) varying the operation of the order in respect of that property, and may adduce evidence at the hearing of the application.
49. Late entry of appearance
(1) Any person who, for any reason, did not enter an appearance in terms of section 39(3) may, within 14 days of him or her becoming aware of the existence of a preservation of property order, apply to the High Court for leave to enter such an appearance.
(2) An application in terms of subsection (1) may be made before or after the date on which an application for a forfeiture order is made under section 48(1), but shall be made before judgment is given in respect of such an application for a forfeiture order.
(3) The High Court may grant an applicant referred to in subsection (1) leave to enter an appearance in terms of section 39(3) within the period which the Court deems appropriate, if the Court is satisfied on good cause shown that such applicant—
(a) has for sufficient reason failed to enter an appearance in terms of section 39(3); and
(b) has an interest in the property which is subject to the preservation of property order.
(4) When a High Court grants an applicant leave to enter an appearance, the Court—
(a) shall make any order as to costs against the applicant; and
(b) may make any order to regulate the further participation of the applicant in proceedings concerning an application for a forfeiture order,
which it deems appropriate.
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