Proceeds Of Serious Crime - Charge On Property (Ss 12-13)

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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


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.