(1) Where there is a default with respect to an agreement under section 23X, the Court may make an in rem recovery order.
(2) An in rem recovery order under subsection (1) may provide—
(a) for the associated property to vest in the trustee or for the excepted joint owner's interest to be extinguished; or
(b) in the case of an excepted joint owner, for the severance of his or her interest;
(c) for the trustee to pay an amount to the person who holds the associated property or is an excepted joint owner;
(d) for the creation of interests in favour of that person, or the imposition of liabilities or conditions, in relation to the property vested in the trustee;
(e) make provision for recoverable property to cease to be recoverable.
(3) In making a provision in an in rem recovery order under subsection (2), the Court shall consider—
(a) the rights of a person who holds the associated property or is an excepted joint owner and the value to him or her of that property or his or her share, including any value which cannot be assessed in terms of money; and
(b) the Attorney General's interest in receiving the realized proceeds of the recoverable property.
(Inserted by Act 18 of 2023)