In terms of the Prevention of Organised Crime Act, 121 of 1998, the High Court may issue an order authorizing the seizure of property subject to a restraint or preservation order, or may issue an asset forfeiture order, where the court is satisfied that there are reasonable grounds to believe that the property concerned, or the proceeds thereof, was derived, received or retained, directly or indirectly, in connection with, or as a result of, any unlawful activity.

Where the court has authorized the attachment of such assets by the Asset Forfeiture Unit, it appoints a curator to administer the assets. The appointed curator, however, has no authority to act as such until duly authorized by the Master. Authorization takes the form of letters of appointment issued by the Master.

Requirements for an Appointment