Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)Chapter 5 : Proceeds of Unlawful ActivitiesPart 3 : Restraint Orders25. Cases in which restraint orders may be made |
| (1) | A High Court may exercise the powers conferred on it by section 26(1)— |
| (a) | when— |
| (i) | a prosecution for an offence has been instituted against the defendant concerned; |
| (ii) | either a confiscation order has been made against that defendant or it appears to the court that there are reasonable grounds for believing that a confiscation order may be made against that defendant; and |
| (iii) | the proceedings against that defendant have not been concluded; or |
| (b) | when— |
| (i) | that court is satisfied that a person is to be charged with an offence; and |
| (ii) | it appears to the court that there are reasonable grounds for believing that a confiscation order may be made against such person. |
| (2) | Where the High Court has made a restraint order under subsection (1)(b), that court shall rescind the restraint order if the relevant person is not charged within such period as the court may consider reasonable. |