(1) A person who claims that property detained, or any part of it, belongs to him or her may make an application to the Court for the property or part of the property to be released.
(2) An application under subsection (1) may be made in the course of proceedings or at any other time.
(3) The Court may order the property to which the application relates to be released to the applicant if it appears to the Court that—
(a) the applicant was deprived of the property to which the application relates, or of property which it represents, by criminal conduct;
(b) the property the applicant was deprived of was not, immediately before the applicant was deprived of it, recoverable property; and
(c) the property belongs to the applicant.
(4) The Court may order the property to which the application relates to be released to the applicant or to the person from whom it was seized where—
(a) the applicant is not the person from whom the property to which the application relates was seized;
(b) it appears to the Court that the property belongs to the applicant;
(c) the Court is satisfied that the release condition is met in relation to that property; and
(d) no objection to the making of an order has been made by the person from whom that property was seized.
(Inserted by Act 18 of 2023)