Chapter 4
Cooperation with and assistence to Court in or outside South Africa

Part 2
Judicial assistance to court (ss 14-32)

25 Registration of sentence of fine or compensatory order

(1) When the Central Authority receives a request from the Court for assistance in the Republic to recover a fine to which a person has been sentenced in criminal proceedings in the Court, as contemplated in Article 77, read with Article 109 of the Statute, or for the execution of an order for the payment of compensation for damages to any person made in such proceedings, as contemplated in Article 75 of the Statute, the Central Authority must submit the request to the Cabinet member responsible for the administration of justice for approval if the Central Authority is satisfied that the-

(a) sentence of a fine or order of compensation is final and not subject to review or appeal;

(b) person on whom the sentence was imposed or against whom the order was made, had the opportunity of defending himself or herself;

(c) sentence or order cannot be satisfied in full except by confiscating and realising property; and

(d) person concerned holds property in the Republic.

(2) Upon receiving the approval of the Cabinet member responsible for the administration of justice for execution of the sentence or compensatory order in the Republic, the Central Authority must lodge with the clerk or registrar, as the case may be, of a court in the Republic having jurisdiction, a certified copy of the document confirming the sentence or order and such clerk of the court or registrar must thereupon, in the prescribed manner, register the sentence or order and the amount payable thereunder as reflected in the said document.

(3) The clerk of the court or registrar, as the case may be, must immediately, in the prescribed manner, give written notice of the registration of the sentence or order to the person on whom it was imposed or against whom it was made or who has effective control over the relevant property in the Republic.

26 Effect of registration of sentence of fine or compensatory order

(1) When a sentence of a fine or compensatory order has been registered in terms of section 25, that sentence or order has the effect of a civil judgment of the court at which it has been registered, for the amount reflected therein in favour of the Republic, as represented by the Cabinet member responsible for the administration of justice.

(2) The Central Authority, subject to any agreement or arrangement between the Court and the Republic, must pay over to the Court any amount realised in the execution of a registered sentence or order, less all expenses incurred in connection with the execution of such sentence or order.

Article 75
Reparations to victims
1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.