Commentary on Sections Enforcement authority Section 34: Enforcement authority
74.Section 34 sets out the criteria that determine whether the confiscation order is to be enforced by the Director or by a magistrates’ court. Under the earlier confiscation legislation, all confiscation orders are enforced by magistrates’ courts, with the assistance of the prosecutor. Section 34 provides that the Director is to be responsible for the enforcement of a confiscation order either where the Director applied for the order (including applications under the reconsideration and absconder provisions), where the Director appealed against a decision in respect of a confiscation order or where the Director applied to the court before the order was made to be appointed to enforce it. In all other cases, the confiscation order will be enforced by the magistrates’ court and prosecutor, much as at present.
75.Thus, if the Director is to enforce a confiscation order applied for by a prosecutor, this will have to be arranged when the confiscation order is about to be made, and no later.