(1) Where the Attorney General institutes proceedings for a recovery order, the Attorney General may apply to the Court for a receiving order, whether before or after instituting the proceedings for a recovery order.
(2) A receiving order under subsection (1) contains a request for the—
(a) detention, custody or preservation of property; and
(b) appointment of a receiver.
(3) An application for a receiving order may be made without notice if the circumstances are that notice of the application may prejudice any right of the Attorney General to obtain a recovery order in respect of any property.
(4) The Court may make a receiving order if—
(a) it is satisfied there is a good arguable case that—
(i) the property to which the application for the receiving order relates is or includes recoverable property, and
(ii) if any of it is not recoverable property, it is associated property; and
(b) the property to which the application for the receiving order relates includes property alleged to be associated property; and
(c) the Attorney General has not established the identity of the person who holds the property and, the Attorney General has taken all reasonable steps to do so.
(5) The Attorney General shall, in his or her application for a receiving order, nominate a suitably qualified person for appointment a receiver.
(6) The Attorney General shall serve, within 10 days of the order being made, a copy of the receiving order on any person who holds any property to which the order relates or who may otherwise be affected by the receiving order.
(Inserted by Act 18 of 2023)