(1) In proceedings for an in rem recovery order, a person who claims that any property alleged to be recoverable property, or any part of the property, belongs to him or her may make an application for a declaration to that effect under this section.
(2) The Court may make a declaration under subsection (1) if the Court is satisfied that—
(a) the applicant was deprived of the property he or she claims, or of property which it represents, by criminal conduct;
(b) the property the applicant was deprived of was not recoverable property immediately before he or she was deprived of it; and
(c) he or she owns the property.
(3) Property to which a declaration under this section applies is not recoverable property.
(Inserted by Act 18 of 2023)