(1) The power to vary an account freezing order includes the power to make exclusions from the prohibition on making withdrawals or payments from the account to which the order applies.
(2) Exclusions from the prohibition may also be made when the account freezing order is made.
(3) An exclusion may make provision for the purpose of enabling a person by or from whom the account is operated—
(a) to meet the person's reasonable living or legal expenses; or
(b) to carry on a trade, business, profession or occupation.
(4) An exclusion may be made subject to conditions.
(5) Where the Court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses under subsection 3(a) that the person has incurred, or may incur, in respect of proceedings, it shall ensure that the exclusion—
(a) is limited to reasonable legal expenses that the person has reasonably incurred or that the person reasonably incurs;
(b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion.
(6) The power to make exclusions must, be exercised with a view to ensuring, so far as practicable, that there is not undue prejudice to taking any steps to forfeit money that is recoverable property or intended by any person for use in criminal conduct.
(Inserted by Act 18 of 2023)