(1) Where property has been seized under section 27, otherwise than because it may afford evidence of the commission of a criminal conduct, any person who claims an interest in the property may apply to the Court for an order that the property be returned to him or her. (Amended by Act 4 of 2010)
(2) Where a person makes an application under subsection (1) and the Court is satisfied that—
(a) the person is entitled to possession of the property;
(b) the property is not tainted property in relation to the criminal conduct; and (Amended by Act 4 of 2010)
(c) the person in respect of whose conviction, charging or proposed charging the seizure of the property was made has no interest in the property,
the Court shall order the Commissioner to return the property to the person, and the Commissioner shall arrange for the property to be returned.
(3) Where—
(a) at the time when the property was seized, an information had not been laid in respect of a criminal conduct; (Amended by Act 4 of 2010)
(b) property has been seized under section 27, otherwise than because it may afford evidence as to the commission of an offence;
(c) at the end of the period of 48 hours after the time when the property was seized, an information has not been laid in respect of a criminal conduct, (Amended by Act 4 of 2010)
the Commissioner shall, subject to subsections (5) and (6), arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.
(4) Where—
(a) property is seized under section 27, otherwise than because it may afford evidence as to the commission of a criminal conduct; (Amended by Act 4 of 2010)
(b) either of the following conditions is satisfied, that is to say—
(i) before the property is seized, a person was convicted of a criminal conduct or an information had been laid in respect of a criminal conduct; or (Amended by Act 4 of 2010)
(ii) before the property is seized, an information was not laid in respect of a criminal conduct, but an information was laid in respect of a criminal conduct within 48 hours after the time when the property seized; and (Amended by Act 4 of 2010)
(c) no forfeiture order is made against the property within the period of 14 days after the property was seized,
(5) Where—
(b) but for this subsection, the Commissioner would be required to arrange for the property to be returned to a person as soon as practicable after the end of a particular period; and
(c) before the end of that period, a restraining order is made in relation to the property,
the Commissioner shall—
(d) arrange for the property to be given to the Registrar in accordance with the restraining order, if the restraining order directs the Registrar to take custody and control of the property;
(e) arrange for the property to be kept until it is dealt with in accordance with any other provision of this Act, if the Court that made the restraining order has made an order under subsection (6) in relation to the property.
(6) Where—
(a) property has been seized under section 27, otherwise than because it may afford evidence as to the commission of a criminal conduct; (Amended by Act 4 of 2010)
(b) a restraining order is made in relation to the property; and
(c) at the time when the restraining order is made, the property is in the possession of the Commissioner,
the Commissioner may apply to the Court that made the restraining order for an order that he or she retain possession of the property, and the Court may, if satisfied that there are reasonable grounds for believing that the property may afford evidence as to the commission of a criminal conduct or any other offence, make an order that the Commissioner retain the property for so long as the property is so required as evidence as to the commission of that offence. (Amended by Act 4 of 2010
(7) Where the Commissioner applies to the Court for an order under subsection (6), a witness shall not be required to answer any question or to produce any document if the Court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.
(8) Where—
(b) an application is made for a restraining order or a forfeiture order in respect of the property;
(c) the application is refused; and
(d) at the time when the application is refused, the property is in the possession of the Commissioner,
the Commissioner shall arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the refusal.
(9) Where—
(a) property is seized under section 27; and
(b) while the property is in the possession of the Commissioner a forfeiture order is made in respect of the property,
the Commissioner shall deal with the property as directed by the order.