(1) The Attorney General may, before the grant of a recovery order, make an application to the Court, by way of a fixed date claim, for a property freezing order.
(2) An application for a property freezing order under subsection (1) may be made without notice where a notice of application prejudices the right of the Attorney General to obtain a recovery order with respect to property.
(3) The Court may make a property freezing order if it is satisfied there is a good arguable case that—
(a) the property to which the application for the property freezing order relates is or includes recoverable property;
(b) there is a real risk that the recoverable property will be disposed of, dissipated or otherwise dealt with; and
(c) property that is not recoverable property is associated property.
(4) In making a property freezing order under subsection (3), the Court may—
(a) exclude specified property from the property freezing order; and
(b) otherwise make exclusions from the prohibition on dealing with or disposing the property.
(5) An exclusion under subsection (4) may be made subject to conditions as the Court considers appropriate and make provision for the purpose of enabling a person to—
(a) meet his or her reasonable living or legal expenses; or
(b) carry on a trade, business, profession or occupation.
(6) Subject to this section, a property freezing order shall not continue in force for a period of more than 6 months after the time of making of the order, unless before the expiration of that period, the Attorney General applies to the Court that made the order for an extension of the period of operation of the order.
(7) Where the Attorney General applies to the Court under subsection (6) for an extension of period of operation of a property freezing order and the Court is satisfied that the property freezing order may be made in respect of the property or part of the property, the Court may extend, for a specified period, the period of operation of the property freezing order and make another order as it considers appropriate in relation to the operation of the property freezing order.
(Inserted by Act 18 of 2023)