Supreme Court of Judicature (Organised Crime) Rules 2016

In these Rules, “Act” means the Organised Crime Act 2015 (Act 26 of 2015), and any reference to a section, unless otherwise expressly provided, is a reference to that section in the Act.

An expression used in these Rules which is used in the Act has the same meaning as in the Act.

An application for an OCPO under section 15(1) must be filed with one or more supporting affidavits which, collectively, must contain all the following information:

The application must be entitled in the matter of the person against whom the OCPO is sought, naming the person, and in the matter of the Act, and all subsequent documents in the matter must be so entitled.

The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the person against whom the OCPO is sought.

Where the person against whom the OCPO is sought intends to adduce evidence with reference to the application and supporting affidavits, the person must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

Before the hearing of the application, the applicant must cause a notice, specifying the day appointed for the hearing, to be published at such times and in such newspapers as the Court may direct.

An application for an FRO under section 21(1) must be filed with one or more supporting affidavits which, collectively, must contain all the following information:

The application must be entitled in the matter of the person against whom the FRO is sought, naming the person, and in the matter of the Act, and all subsequent documents in the matter must be so entitled.

The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the person against whom the FRO is sought.

Where the person against whom the FRO is sought intends to adduce evidence with reference to the application and supporting affidavits, the person must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

Before the hearing of the application, the applicant must cause a notice, specifying the day appointed for the hearing, to be published at such times and in such newspapers as the Court may direct.

An application by the Public Prosecutor to vary an OCPO or FRO under section 32(1) must be filed with one or more supporting affidavits which, collectively, must contain the reasons why the variation of the OCPO or FRO would protect the public by preventing, restricting or disrupting any involvement, by the person who is the subject of the OCPO or FRO, in a Part 2 offence, or a serious offence associated with an organised criminal group.

The application mentioned in paragraph (1) and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where a person mentioned in paragraph (2)(a) or (b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (1), the person must, not less than 7 days before the date fixed for the hearing of the application —

An application by a person who is the subject of an OCPO or FRO to vary the OCPO or FRO under section 32(1) must be filed with one or more supporting affidavits which, collectively, must contain the details of the material change of circumstances affecting the OCPO or FRO.

The application and all supporting affidavits, mentioned in paragraph (4), must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the Public Prosecutor or person mentioned in paragraph (5)(b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (4), the Public Prosecutor or person (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

An application by a person (other than the Public Prosecutor or the person who is the subject of an OCPO or FRO) to vary an OCPO or FRO under section 32(1) must be filed with one or more supporting affidavits which, collectively, must contain all the following information:

The application and all supporting affidavits mentioned in paragraph (7) must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the Public Prosecutor or person mentioned in paragraph (8)(b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (7), the Public Prosecutor or person (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

Before the hearing of the application mentioned in paragraph (1), (4) or (7), the applicant must cause a notice, specifying the day appointed for the hearing, to be published at such times and in such newspapers as the Court may direct.

An application by the Public Prosecutor to discharge an OCPO or FRO under section 33(1) must be filed with one or more supporting affidavits which, collectively, must contain the reasons why the OCPO or FRO should be discharged.

The application and all supporting affidavits mentioned in paragraph (1) must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where a person mentioned in paragraph (2)(a) or (b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (1), the person must, not less than 7 days before the date fixed for the hearing of the application —

An application by a person who is the subject of an OCPO or FRO to discharge the OCPO or FRO under section 33(1) must be filed with one or more supporting affidavits which, collectively, must contain the details of the material change of circumstances affecting the OCPO or FRO.

The application and all supporting affidavits mentioned in paragraph (4) must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the Public Prosecutor or person mentioned in paragraph (5)(b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (4), the Public Prosecutor or person (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

An application by a person (other than the Public Prosecutor or the person who is the subject of an OCPO or FRO) to discharge an OCPO or FRO under section 33(1) must be filed with one or more supporting affidavits which, collectively, must contain all the following information:

The application and all supporting affidavits mentioned in paragraph (7) must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the Public Prosecutor or person mentioned in paragraph (8)(b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (7), the Public Prosecutor or person (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

Before the hearing of the application mentioned in paragraph (1), (4) or (7), the applicant must cause a notice, specifying the day appointed for the hearing, to be published at such times and in such newspapers as the Court may direct.

An application by a person under section 28(1), (2), (3) or (4) must be filed with one or more supporting affidavits which, collectively, must contain a summary of the representations to be made at the hearing of the application.

The application and all supporting affidavits must be served, before the relevant date, on the following persons:

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

In this rule, the relevant date is as follows:

An application for a restraint order or charging order under section 56 (to either of which may be joined an application for the appointment of a receiver) must be filed with one or more supporting affidavits which, collectively, must contain all the following information:

The application must be entitled in the matter of the subject, naming the subject, and in the matter of the Act, and all subsequent documents in the matter must be so entitled.

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

A restraint order may be made subject to conditions and exceptions, including —

Where a restraint order is made, the Public Prosecutor must —

Where a charging order is made, the Public Prosecutor must —

Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may file an application, with one or more supporting affidavits, to discharge or vary the order.

The application and all supporting affidavits must be served, not less than 2 clear days before the date fixed for the hearing of the application, on the following persons:

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

Where a restraint order or a charging order has been made, an application may be made by the Public Prosecutor and, where the case is one of urgency, by way of an application without notice —

The application must be filed with one or more supporting affidavits which must, where the application is for a restraint order or a charging order, contain full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of the deponent’s knowledge, able to provide.

Subject to section 60(2) (if applicable), the application and all supporting affidavits must be served, not less than 2 clear days before the date fixed for the hearing of the application, on the following persons:

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

Rule 12(2) and (3) apply to the service of restraint orders and charging orders, respectively, made under this rule on persons other than the subject.

An application by the Public Prosecutor for a confiscation order under section 61(1) must be filed with one or more supporting affidavits which, collectively, must contain all the following information:

The application must be entitled in the matter of the subject, naming the subject, and in the matter of the Act, and all subsequent documents in the matter must be so entitled.

The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the subject, person or receiver mentioned in paragraph (3) intends to adduce evidence with reference to the application and supporting affidavits, the subject, person or receiver (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

An application by the Public Prosecutor for a certificate under section 10(4) of the CDSA (as applied by section 70), or for a variation of a confiscation order under section 10(6) of the CDSA (as applied by section 70) must be filed with one or more supporting affidavits.

The application and all supporting affidavits mentioned in paragraph (1) must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the subject, person or receiver mentioned in paragraph (2) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (1), the subject, person or receiver (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

An application by the subject for a certificate under section 22(1) of the CDSA (as applied by section 70) or for a variation of a confiscation order under section 22(3) of the CDSA (as applied by section 70) must be filed with one or more supporting affidavits.

The application and all supporting affidavits mentioned in paragraph (4) must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the Public Prosecutor or receiver mentioned in paragraph (5)(b) intends to adduce evidence with reference to the application and supporting affidavits mentioned in paragraph (4), the Public Prosecutor or receiver (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

An application by a subject after a confiscation order has been made for the grant of relief under section 66(1) in relation to the exercise of any realisation power on any property held by the subject must be filed with one or more supporting affidavits.

The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the Public Prosecutor, person or receiver mentioned in paragraph (2) intends to adduce evidence with reference to the application and supporting affidavits, the Public Prosecutor, person or receiver (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

An application by a person for the grant of relief under section 67(1) or (3) in relation to the exercise of any realisation power on any property held by the person must be filed with one or more supporting affidavits.

The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the Public Prosecutor, subject, person or receiver mentioned in paragraph (2) intends to adduce evidence with reference to the application and supporting affidavits, the Public Prosecutor, subject, person or receiver (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

An application for an order under section 19 of the CDSA (as applied by section 70) must be filed with one or more supporting affidavits, which must —

The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the subject, person or receiver mentioned in paragraph (2) intends to adduce evidence with reference to the application and supporting affidavits, the subject, person or receiver (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

The Court may, on an application under section 19 of the CDSA (as applied by section 70), exercise the power conferred by section 20(1) of the CDSA (as applied by section 70) to direct the making of payments by the receiver.

Subject to this rule, Order 13, Rule 9 of the Rules of Court 2021 apply where the Public Trustee is appointed as receiver in pursuance of a charging order or under section 16 or 19 of the CDSA (as applied by section 70).

It is not necessary for an affidavit of fitness to be sworn or for the Public Trustee to give security, unless the Court otherwise orders.

Where the Public Trustee has fully paid the amount payable under the confiscation order and any sums remain in the Public Trustee’s hands, the Public Trustee must apply for directions as to the distribution of such sums.

The application must be filed with one or more supporting affidavits.

The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where a person mentioned in paragraph (5) intends to adduce evidence with reference to the application and supporting affidavits, the person must, not less than 7 days before the date fixed for the hearing of the application —

An application by a person for an order for compensation under section 68 must be filed with one or more supporting affidavits stating the grounds of the application.

The application and all supporting affidavits must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the person mentioned in paragraph (2)(a) or the Public Prosecutor intends to adduce evidence with reference to the application and supporting affidavits, the person or Public Prosecutor (as the case may be) must, not less than 7 days before the date fixed for the hearing of the application —

An application for disclosure of information under section 42 of the CDSA (as applied by section 72) must state the nature of the order sought, specifying the grounds of the application and whether material sought to be disclosed is to be disclosed to —

The application and supporting affidavit must be filed and served on the public body —

The supporting affidavit must state the grounds for believing that the conditions in section 42(4) of the CDSA and, if appropriate, section 42(7A)(a) of the CDSA are fulfilled.

An application for a production order under section 30 of the CDSA (as applied by section 72) must be supported by affidavit and may be made without notice.

An application under section 34 of the CDSA (as applied by section 72) for a warrant set out in the Schedule may be made without notice.

Where an order under section 30 of the CDSA (as applied by section 72) has been made, the person required to comply with the order may apply to the Court for the order to be discharged or varied, and on hearing such an application the Court may discharge the order or vary the order as the Court thinks fit.

Subject to paragraph (5), where a person intends to file an application under paragraph (3) for the discharge or variation of an order, the person must, not later than 2 clear days before the filing of the application, serve a copy of the application on —

The Court may direct that paragraph (4) need not be complied with if the Court is satisfied that the person making the application has good reason to seek a discharge or variation of the order as soon as possible, and it is not practicable to comply with that paragraph.

No person may, without the permission of the Court, inspect or take a copy of any document relating to —

An application for a production order against a financial institution under section 31(1) of the CDSA (as applied by section 72) must be supported by affidavit and may be made without notice.

No person may inspect or take a copy of any document relating to such application without the permission of the Court.

An application for an examination order under section 73(1) must be filed with one or more supporting affidavits which, collectively, must contain information on how the conditions specified in section 73(3) are satisfied.

The application mentioned in paragraph (1) must be entitled in the matter of the person against whom the examination order is sought, naming the person, and in the matter of the Act, and all subsequent documents in the matter must be so entitled.

The application and all supporting affidavits mentioned in paragraph (1) must be served, not less than 14 days before the date fixed for the hearing of the application, on the person against whom the order is sought.

Where a person against whom the order is sought intends to adduce evidence with reference to the application and supporting affidavits, the person must, not less than 7 days before the date fixed for the hearing of the application —

Where an order under section 73(2) has been made, the person required to comply with the order may file an application with the Court which first made the order, with one or more supporting affidavits, to discharge or vary the order.

The application and all supporting affidavits mentioned in paragraph (5) must be served, not less than 14 days before the date fixed for the hearing of the application, on the following persons:

Where the law enforcement officer mentioned in paragraph (6)(a) or (b) intends to adduce evidence with reference to the application and supporting affidavits, the law enforcement officer must, not less than 7 days before the date fixed for the hearing of the application —

Unless the Court otherwise directs, a supporting affidavit may contain statements of information or belief with the sources of the information and grounds of the belief.

Subject to the provisions of this rule, Order 11 of the Rules of Court 2021 apply to any application —

Subject to the provisions of this rule, in any application mentioned in paragraph (1), the Public Prosecutor or a law enforcement officer (as defined in section 2(1)) may be required by the Court to give discovery of documents or produce documents for inspection.

An order of the Court under Order 11 of the Rules of Court 2021 is to be construed as not requiring the disclosure of any document the withholding of which is authorised or required under any written law or rule of law on the ground that its disclosure would be injurious to the public interest.

Where an order of the Court made under Order 11 of the Rules of Court 2021 directs that a list of documents made in answer to an order for discovery against the Public Prosecutor or a law enforcement officer be verified by affidavit, the affidavit must be made by such person as the Public Prosecutor may authorise.

The Public Prosecutor or a law enforcement officer may be ordered to give discovery of or produce for inspection under Order 11 of the Rules of Court 2021 documents —

In this rule, “document” means a document in any medium and includes a document containing information in digital or electronic form.