(1) The full amount ordered to be paid under a confiscation order must be paid on the date on which the confiscation order is made.
(2) Where the Court making the confiscation order is satisfied that a person is unable to pay the full amount on the date on which the confiscation order is made, the Court may make an order requiring that the amount which cannot be paid on that date, be paid within a specified period and on other terms specified by the Court.
(3) The Court may make an order extending the specified period for payment of the unpaid amount if—
(a) the defendant applies to the Court within the specified period in an order under subsection (2) for the time to be extended; and
(b) the Court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount within 3 months.
(4) A specified period under subsection (2)—
(a) must begin with the date on which the confiscation order is made; and
(b) must not exceed 3 months.
(5) An order extending the specified period for payment of the unpaid amount under subsection (3)—
(a) must begin after the specified period under subsection (2); and
(b) must not exceed 6 months.
(6) The Court must be satisfied that the specified period under subsection (2) or the extended period under subsection (3) allows the defendant, by a particular date—
(a) to pay the unpaid amount; or
(b) to pay the amount towards the remaining amounts to be paid.
(7) The Court shall not make an order under subsection (2) or (3) unless the Director of Public Prosecutions is given an opportunity to make a representation.
(Inserted by Act 18 of 2023)