PART IV
Charge on Property (ss 12-13)

[Ch0803s12]12.     Charge on property subject to consfication order

            (1) Where a confiscation order is made in respect of property subject to a restraining order, then, by virtue of this section, and unless the High Court otherwise directs, a charge is created on the property to secure payment to Government or the victim of the offence, as the case may be, of the amount of any pecuniary penalty imposed under the confiscation order.

            (2) A charge created by subsection (1) shall be subject to every encumbrance to which the property was subject immediately before the confiscation order was made, but shall have priority over all other encumbrances, and shall remain on the property despite any disposal of the property:

            Provided that this subsection shall not affect the title of a bona fide purchaser of the property for value, who acted in good faith and who, at the time of the purchase, had no notice of the charge.

            (3) A charge on property created by this section shall cease to have effect if the confiscation order is discharged, or if the property is disposed of with the consent of the High Court, or in the circumstances referred to in the proviso to subsection (2).

[Ch0803s13]13.     Registration of orders

            If a restraining order or a confiscation order is in respect of property, charges over, incumbrances on, title to or documents relating to which are registrable under the law of Botswana, the Director of Public Prosecutions or the receiver may register such order, and any person who purchases the property after such registration shall be deemed to have notice of the order, and of the effect thereof.