Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)Chapter 5 : Proceeds of Unlawful ActivitiesPart 2 : Confiscation Orders21. Statements relating to proceeds of unlawful activities |
| (1) |
| (a) | The public prosecutor may or, if so directed by the court, shall tender to the court a statement in writing under oath or affirmation by him or her or any other person in connection with any matter which is being enquired into by the court under section 18(1), or which relates to the determination of the value of a defendant's proceeds of unlawful activities. |
| (b) | A copy of such statement shall be served on the defendant at least 14 days before the date on which that statement is to be tendered to the court. |
| (2) |
| (a) | The defendant may dispute the correctness of any allegation contained in a statement referred to in subsection (1)(a), and if the defendant does so dispute the correctness of any such allegation, he or she shall state the grounds on which he or she relies. |
| (b) | In so far as the defendant does not dispute the correctness of any allegation contained in such statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates. |
| (3) |
| (a) | A defendant may or, if so directed by the court, shall tender to the court a statement in writing under oath or affirmation by him or her or by any other person in connection with any matter which relates to the determination of the amount which might be realised as contemplated in section 20(1). |
| (b) | A copy of such statement shall be served on the public prosecutor at least 14 days before the date on which that statement is to be tendered to the court. |
| (4) |
| (a) | The public prosecutor may admit the correctness of any allegation contained in a statement referred to in subsection (3)(a). |
| (b) | In so far as the public prosecutor admits the correctness of any allegation contained in such statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates. |