(1) Where a person obtains property as the result of, or in connection with the commission of, a criminal conduct, his or her benefit is the value of the property so obtained. (Amended by Act 4 of 2010)
(2) Where a person derives an advantage as a result of or, in connection with the commission of a criminal conduct, his or her advantage shall be deemed to be a sum of money equal to the value of the advantage so derived. (Amended by Act 4 of 2010)
(3) The Court, in determining whether a person has benefited from the commission of a criminal conduct or from that offence taken together with other criminal conduct and, if he or she has, in assessing the value of the benefit, shall unless the contrary is proved, consider— (Amended by Act 4 of 2010)
(a) all property appearing to the Court to be held by the person on the day on which the application is made; and
(b) all property appearing to the Court to be held by the person at any time—
(i) within the period between the day the criminal conduct, or the earliest offence, was committed and the day on which the application is made, or (Amended by Act 4 of 2010)
(ii) within the period of 6 years immediately before the day on which the application is made,
whichever is longer, to be property that came into the possession or under the control of the person by reason of the commission of that criminal conduct or those criminal conducts for which the person was convicted; (Amended by Act 4 of 2010)
(c) any expenditure by the person since the beginning of that period to be expenditure met out of payments received by him or her as a result of, or in connection with, the commission of that criminal conduct or those criminal conduct; and (Amended by Act 4 of 2010)
(d) any property received or considered to have been received by the person at any time as a result of, or in connection with, the commission by him or her of that criminal conduct, or those criminal conduct as property received by him or her free of any interests therein. (Amended by Act 4 of 2010)
(4) Where a confiscation order has previously been made against a person, in assessing the value of any benefit derived by him or her from the commission of the criminal conduct, the Court shall leave out of account any of his or her benefits that are shown to the Court to have been taken into account in determining the amount to be recovered under that order. (Amended by Act 4 of 2010)
(5) If evidence is given at the hearing of the application that the value of the person's property at any time after the commission of the criminal conduct exceeded the value of the person's property before the commission of the offence, then the Court shall, subject to subsection (6), treat the value of the benefits as being not less than the amount of the excess. (Amended by Act 4 of 2010)
(6) If, after evidence of the kind referred to in subsection (5) is given, the person satisfies the Court that the whole or part of the excess was due to causes unrelated to the commission of the criminal conduct, subsection (5) does not apply to the excess or, as the case may be, that part. (Amended by Act 4 of 2010)