(1) Where the Attorney General and a person who holds the associated property or who is the excepted joint owner agree, the in rem recovery order may instead of vesting the recoverable property in the trustee, require the person who holds the associated property or who is the excepted joint owner to make a payment to the trustee.
(2) An in rem recovery order which makes the requirement under subsection (1) may, so far as required for giving effect to the agreement, include provision for vesting, creating or extinguishing an interest in property.
(3) The amount of the payment is the amount which the Attorney General and that person agree represents the value of the recoverable property less the value of the excepted joint owner's share.
(4) The amount of the payment may be reduced by an amount the Attorney General and that person agree is reasonable, if—
(a) a property freezing order or a receiving order applies to the associated property or joint ownership; and
(b) the Attorney General agrees that the person has suffered loss as a result of the property freezing order or receiving order;
(c) there are any other relevant circumstances.
(5) Where there is more than one item of associated property or excepted joint owner, the total amount to be paid to the trustee, and the part of that amount which is to be provided by each person who holds any associated property or who is an excepted joint owner, is to be agreed between both, or all, and the Attorney General.
(Inserted by Act 18 of 2023)