89. Notice of claim by owner in respect of seized goods

(1)     Whenever any proceedings are instituted to claim any ship, vehicle, container or other transport equipment, plant, material or goods (in this section, section 43 and section 90 referred to as “goods”), which have been seized under this Act, such claim must be instituted by the person from whom they were seized or the owner or the owner’s authorised agent (in this section referred to as “the litigant”).

(2)    

(a)     Any litigant must give notice to the Commissioner in writing before serving any process for instituting any proceedings as contemplated in section 96(l)(a) within 90 days after the date of seizure.

[Subsection (2) substituted by section 149 of Act 45 of 2003]

(3)     Any proceedings must be instituted within 90 days of such notice.

(4)     Whenever goods are seized and in consequence of the seizure-

(a)     delivery thereof under section 93 is refused or the terms of delivery thereunder are not accepted; or

(b)     no proceedings are instituted as contemplated in this section or have been instituted and have been dismissed in a final judgment of the High Court or a judgment by the Supreme Court of Appeal,

the goods concerned shall, subject to the provisions of section 90, be deemed to be condemned and forfeited.

[Subsection (4) substituted by section 149 of Act 45 of 2003]

(5)     The provisions of section 96(1)(c) shall apply mutatis mutandis to any period contemplated in subsections (2) and (3).

[Section 89 amended by section 13 of Act 85 of 1968 and substituted by section 131 of Act 60 of 2001]