118. A penalty to the value of the proceeds of crime

Following the conviction of any person for having committed any unlawful activity, the court which convicted such person shall, in addition to the punishment specified for such unlawful activity in the relevant law, be entitled to impose a penalty to the value of the proceeds of crime derived at the time of committing of the unlawful activity and any value derived by the utilization of such proceeds of crime:

The penalty imposed in terms of subsection (1) shall be recovered in the form of recovery proceedings pertaining to recovery of fines contained in the Code of Criminal

If the proceeds of crime derived out of the committing of the unlawful activity referred to in subsection (1) had been the personal property of any person, and the penalty specified in the section is paid by the convicted person, the court shall make order for the release of the sum paid to such person who is entitled to the proceeds of crime.

If the penalty as provided in subsection (1) is paid in full by the convicted person, the Attorney-General shall not be entitled to institute proceedings for post-conviction forfeiture of the relevant proceeds of crime.

If the penalty as provided in subsection (1) is not paid in full by the convicted person, the Attorney-General shall be entitled to institute proceedings for post-conviction of the relevant proceeds of crime in respect of the remaining sum of money.