(1) The Court may, if it thinks it is just and equitable, make an order providing for—
(a) an interest to be extinguished; or
(b) an excepted joint owner's interest to be severed.
(2) An order under subsection (1) must provide for the payment of an amount to the person who holds the associated property or is an excepted joint owner.
(3) In making an order under subsection (1) the Court must have regard to—
(a) the rights of a person who holds the associated property or who is an excepted joint owner and the value to that person of that property or of that person's share; and
(b) the interest of the person who applied for the order under section 29H in realizing the value of the forfeitable property.
(4) Where the Court is satisfied that—
(a) the person who holds the associated property or is an excepted joint owner has suffered loss as a result of the seizure of the forfeitable property and any associated property and its subsequent detention; and
(b) the circumstances are exceptional,
an order under subsection (1) may require the payment of compensation to that person.
(5) The amount of compensation to be paid under subsection (4) is the amount the Court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(Inserted by Act 18 of 2023)