Section 3: Application of Act
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3. Application of Act
(1) This Act shall apply with respect to any act that constitutes an unlawful activity.
(2) This Act shall apply to any proceeds or instrumentality derived or
used or intended to be used.
(2A) For the purposes of sections 17 and 19, where it is found that a person was in possession of any property or has derived a benefit from an unlawful activity, and that he did not have a legitimate source of income sufficient to
justify his interest in the property or the benefit derived by him, the onus shall,
on a balance of probabilities, lie on that person to show that the property was
not obtained, or the benefit was not derived, from an unlawful activity.
A23A – 5 [Issue 10]
Asset Recovery Act
(3) Nothing in this Act shall affect the power of a Court to order the
estreatment or forfeiture of any property in pursuance of its power under any
other enactment.
(4) Any application to the Court under this Act shall be by way of motion
supported by affidavit.
(5) An application to the Court or a Judge under this Act shall constitute
civil proceedings and be determined on a balance of probabilities.
[S. 3 amended by s. 4 of Act 24 of 2012 w.e.f. 10 November 2012.]
PART II – THE ENFORCEMENT AUTHORITY