(1) The Court may, upon an ex parte application by the Director of Public Prosecutions, where the Court is satisfied that a person charged or who is about to be charged with an offence under this Act or for whom an arrest warrant for an offence under this Act has been issued, grant an order freezing the property of, or in the possession or under the control of that person or from whom an arrest warrant for an offence under this Act has been issued.
(2) The Court may, in making a freezing order give directions with regard to —
(a) the duration of the freezing order; or
(b) the disposal of the property for the purpose of —
(i) determining a dispute relating to the ownership of or other interest in the property or a part of the property,
(ii) the proper administration of the property during the period of freezing,
(iii) the payment of debts incurred in good faith prior to the making of the freezing order,
(iv) the payment of money to a person referred to in subsection (1) for the reasonable subsistence of that person and that person's family, or
(v) the payment of the costs of a person referred to in subsection (1) to defend criminal proceedings against that person.
(3) A freezing order ceases to have effect after 7 days of the freezing order being made if the person against whom the freezing order was made has not been charged with an offence under this Act within the 7 days. (Amended by Act 20 of 2016)
(4) The Government is not liable for damages or costs arising directly or indirectly from the making of a freezing order under subsection (1) unless it is proved on a balance of probability that the application for the freezing order was made in bad faith.
(5) Where under subsection (2) a court gives a direction for the administration of frozen property, the person upon whom the duty to administer the property is imposed is not liable —
(a) for any loss or damage to the property;
(b) for the costs of proceedings taken to establish a claim to the property; or
(c) to a person having an interest in the property, unless the court in which the claim is made is of the opinion that the person has been negligent in respect of taking of custody or control of the property.