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Rules for proceedings in terms of Chapters 5 and 6 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

Proposed Amendments to Uniform Rule 6 (Applications) and Uniform Rule 57A (Appointment and discharge of Curators in terms of POCA, 1998)

In the course of its rule review and making process, the Rules Board for Courts of Law (Rules Board) considered section 62(1) of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998) which provides that:
“The Rules Board for Courts of Law referred to in section 1 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), shall, in consultation with the Minister and after consultation with the National Director, with due regard to the purpose of this Act, make rules for–
(a) the High Court regulating the proceedings contemplated in Chapters 5 and 6;
(b) the magistrate’s court regulating the proceedings referred to in section 51.”

It has also come to the attention of the Rules Board that problems have been encountered in practice in applications for the restraint, preservation and forfeiture of assets and proceeds of crime when such applications are endeavoured to be made urgently. For this purpose the Rules Board has considered amending Uniform Rule 6 (Applications), in particular subrule (4) thereof.

In addition, the Rules Board has considered that a rule should be crafted to provide for the appointment of curators as contemplated in Chapters 5 and 6 of POCA. For this purpose the Rules Board has considered introducing Uniform Rule 57A which is intended to provide for appointment and discharge of curators in terms of POCA.

As part of its rule-making and consultation process, the Rules Board would appreciate and invites your comments and inputs on the following draft rules:
(a) Draft amended Uniform Rule 6 [ANNEXURE A]
(b) Proposed draft Uniform Rule 57A [ANNEXURE B]

Your comments and inputs should be submitted to the Secretariat of the Rules Board on or before 31 December 2022 and may be sent via hand delivery, post or email to:
Physical: 2nd Floor, Centre Walk East Tower, 266 Thabo Sehume (Andries) Street, Pretoria
Postal: P.O. Box 13106, The Tramshed, 0126
Email: MuCele@justice.gov.za