120. Manner of institution of proceedings

The institution of proceedings in terms of section 119 shall be carried out by filing a Petition and Affidavit together with duly authenticated necessary supporting evidence. Notwithstanding anything to the contrary in any other law, the Affidavit shall be affirmed to or sworn by a person who is acquainted with the averments contained in the Petition.

The Attorney-General shall be entitled to institute proceedings in terms of this Part of the Act, notwithstanding the trial against the accused having commenced and been conducted in the absence of the accused following an order made under section 192 or 241 of the Code of Criminal

A convicted accused who had been absconding during the trial, shall not be entitled to present a claim for the release of the property which is the subject matter of the inquiry or participate in proceedings under this Part of this Act, unless he has purged his default in appearance before the trial court, and has established that his absence at the trial was due to –

The Attorney-General shall be entitled to institute proceedings under this Part, notwithstanding the death of the convicted accused:

The person convicted of having committed the unlawful activity shall be cited as a Respondent. Any other person from whose possession or dominion such property was seized who has presented a claim in respect of such property during proceedings for the judicial freezing of the property, including the victim of crime shall also be cited as