(1) Where a person, (in this section and section 31 called “the defendant”)—
(a) is convicted of a criminal conduct; or (Amended by Act 4 of 2010)
(b) is charged with a criminal conduct, (Amended by Act 4 of 2010)
the Director of Public Prosecutions may apply to the Court for a restraining order against any realisable property held by the defendant or specified realisable property held by a person other than the defendant.
(2) An application for restraining order may be made ex parte and shall be in writing and be accompanied by an affidavit stating—
(a) where the defendant is convicted of a criminal conduct, the criminal conduct for which the defendant is convicted, the date of the conviction, the Court before which the conviction is obtained and whether an appeal is lodged against the conviction; (Amended by Act 4 of 2010)
(b) where the defendant is not convicted of a criminal conduct, the criminal conduct for which he or she is charged and the grounds for believing that the defendant committed the offence; (Amended by Act 4 of 2010)
(c) a description of the property in respect of which the restraining order is sought;
(d) the name and address of the person who is believed to be in possession of the property;
(e) the grounds for the belief that the property is tainted property in relation to the offence;
(f) the grounds for the belief that the defendant derived a benefit directly or indirectly from the commission of the offence;
(g) where the application seeks a restraining order against property of a person, other than the defendant, the grounds for the belief that the property is tainted property in relation to the offence and is subject to the effective control of the defendant;
(h) the grounds for the belief that a forfeiture order or a confiscation order may be or is likely to be made under this Act in respect of the property.