(1) Subject to this section, where the Director of Public Prosecutions applies to the Court for a restraining order against property and the Court is satisfied that—
(a) the defendant is convicted of a criminal conduct, or is charged with a criminal conduct; (Amended by Act 4 of 2010)
(b) there are reasonable grounds for believing that the defendant committed the offence, where the defendant has not been convicted of a criminal conduct; (Amended by Act 4 of 2010)
(c) there is reasonable cause to believe that the property is tainted property in relation to an offence or that the defendant derived a benefit directly or indirectly from the commission of the offence;
(d) there are reasonable grounds for believing that the property is tainted property in relation to an offence and that the property is subject to the effective control of the defendant, where the application seeks a restraining order against property of a person other than the defendant; and
(e) there are reasonable grounds for believing that a forfeiture order or a confiscation order is likely to be made under this Act in respect of the property,
the Court may make an order
(f) prohibiting the defendant or any person from disposing of, or otherwise dealing with, the property or such part thereof or interest therein as is specified in the order, except in such manner as may be specified in the order; and
(g) at the request of the Director of Public Prosecutions, where the Court is satisfied that the circumstances so require—
(i) directing the Registrar or such other person as the Court may appoint to take custody of the property or such part thereof as is specified in the order and to manage or otherwise deal with all or any part of the property in accordance with the directions of the Court, and
(ii) requiring any person having possession of the property to give possession thereof to the Registrar or to the person appointed under subparagraph (i) to take custody and control of the property.
(2) An order under subsection (1) may be made subject to such conditions as the Court thinks fit and, without limiting the generality of this section, may make provision for meeting, out of the property or a specified part of the property, all or any of the following—
(a) the person's reasonable living expenses (including the reasonable living expenses of the persons dependants, if any) and reasonable business expenses;
(b) the person's reasonable expenses in defending the criminal charge and any proceedings under this Act.
(3) In determining whether there are reasonable grounds for believing that property is subject to the effective control of the defendant the Court may have regard to the matters referred to in section 22(2).
(4) Where the Registrar or other person appointed under subsection (1)(g)(i) is given a direction in relation to any property, the Registrar or that other person may apply by summons to the Court for directions on any question respecting the management or preservation of the property under this control.
(5) An application under subsection (4) shall be served upon all persons interested in the application or such of them as the Court thinks expedient and all such persons shall be at liberty to appear at the hearing and be heard.
(6) The Registrar or other person appointed under subsection (1)(g)(i) in acting on directions given by the Court is considered to have discharged his or her duty in the subject matter of the application.