eSwatini
Serious Offences (Confiscation of Proceeds) Act, 2001
Act 8 of 2001
- Published in Government Gazette 752 on 21 September 2001
- Assented to on 21 August 2001
- Commenced on 18 October 2001
- [This is the version of this document from 21 September 2001.]
Part I – Preliminary
1. Short title and commencement
This Act may be cited as the Serious Offences (Confiscation of Proceeds) Act, 2001 and shall come into force on such date as the Minister may by Notice in the Gazette, appoint.2. Interpretation
In this Act, unless, the context otherwise requires—“Banker’s books” means any ledger, ledger card, statement of account, day book, cash book, account book or other book or document used in ordinary business of banking and it also means any cheque, voucher, record card, report, letter or other document whatsoever or a copy of any thing referred to in the foregoing which is used in the ordinary business of banking or the activities of a Building Society, Co-operative Society or other similar institution;“court” means the High Court or a Magistrate’s court, as the case may be;“document” includes any register, book, record, tape recording, any form of computer input or output and any other material (whether produced mechanically, electrically or manually or by any other means whatsoever) and also a banker’s books;“Minister” means the Minister for Justice;“premises” includes vessel, aircraft, vehicle and any place whether built upon or not;“police officer” means a member of the Royal Swaziland Police Force;“property” means real or personal property of every description wherever situated, whether tangible or intangible and it also means any interest in any such real or personal property;“proceeds of serious offence” means any property used in or in connection with the commission of a serious offence or any property that is derived or realised directly or indirectly by any person from the commission of any offence or from any act or omission which had it occurred in Swaziland would have constituted a serious offence;“serious offence” means any offence specified in the Schedule to this Act.Part II – Forfeiture and pecuniary penalty orders
3. Application for forfeiture or pecuniary penalty order
4. Forfeiture orders
5. Effect of forfeiture order
6. Effect of forfeiture order on third parties
7. Discharge of forfeiture order
A forfeiture order may be discharged if—8. Effect of discharge of forfeiture order
9. Pecuniary penalty order
10. Discharge of pecuniary penalty order
A pecuniary penalty order may be discharged if—Part III – Restraining orders
11. Restraining orders
12. court may make further orders
When a court grants a restraining order, it may at the time it makes the order or at any later time, make any ancillary order which it considers just, including—13. Contravening of restraining orders
14. court may renounce restraining orders
15. When restraining order ceases to have effect
Part IV – Powers of search and seizure
16. Search warrant
17. Search and seizure without warrant
Where by reason of circumstances of urgency a police officer, after having obtained the approval of the Commissioner, may without warrant—18. Seizure of property under search warrant
19. Responsibility for seized property
20. Obstruction of person executing search warrant
Any person who without reasonable excuse obstructs or hinders any person executing a search warrant under this Part, commits an offence and is liable on conviction to a fine not exceeding one thousand Emalangeni or to imprisonment not exceeding twelve months or both.21. Return of seized property
22. Production of documents
23. Variation of production order
If a court makes an order requiring a person to produce a document to the Commissioner of Police, that person may apply to the court for a variation of the order, and if the court is satisfied that the document is essential to the business of that person, it may vary the order so as to require that person to make the document available to the Commissioner of Police for inspection only.Part IV – Miscellaneous
24. Appeals
25. Amendment of Schedule
The Minister may by notice in the Gazette amend the Schedule to this Act.26. Regulations
The Minister may make regulations in respect of any matter necessary to be prescribed to give effect to this Act.27. Operation of other law not affected
Nothing in this Act shall limit the operation of any other law.History of this document
18 October 2001
Commenced
21 September 2001 this version
21 August 2001
Assented to
Cited documents 0
Documents citing this one 3
Gazette 2
1. | Swaziland Government Gazette dated 2001-09-21 number 752 | |
2. | Swaziland Government Gazette dated 2001-10-16 number 761 |
Judgment 1
1. | Simelane v Director of Public Prosecution and Others (246 of 2007) [2008] SZHC 194 (10 October 2008) |