Page 231 - FIC ANTI MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING LEGISLATION

Chapter 6 I POCA
(3) Subsection (1) does not apply to an interest in property if a preservation of property order ceases to apply to that interest without a forfeiture order being made in respect of that interest.
61. Expedition of applications
(a) In any application instituted under this Chapter by the State, the National Director may file with the Registrar of the High Court concerned a certificate stating that in his or her opinion the case is of general public importance.
(b) A copy of that certificate shall be furnished immediately by such Registrar to the Judge President of the High Court concerned or in his or her absence to the Acting Judge President or the Deputy Judge President of that Court.
(c) Upon receipt of such copy, such Judge President, Acting Judge President or Deputy Judge President, as the case may be, shall designate immediately a judge of that High Court to hear and determine the application.
62. Procedure and rules of court
(1) The Rules Board for Courts of Law referred to in section 1 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), shall, in consultation with the Minister and after consultation with the National Director, with due regard to the purpose of this Act make rules for—
(a) the High Court regulating the proceedings contemplated in Chapters 5 and 6;
(b) the magistrate’s court regulating the proceedings referred to in section 51.
(2) In the absence of such rules the provisions of the Supreme Court, 1959 (Act 59 of 1959), and the rules made under section 43 of that Act and the provisions of the Magistrate’s Court Act, 1944 (Act 32 of 1944), and the rules made under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), as the case may be, shall, with the necessary changes, apply in relation to proceedings in terms of such hearing except in so far as those rules are inconsistent with procedures prescribed in this Chapter.
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