Criminal Procedure and Evidence Act Zimbabwe vested in him, inquire into and determine any such right and, if the court finds that facts referred to in the proviso to subsection (1) are proved and that the article— (a) (b) is the property of the applicant, the court shall— (i) set aside the declaration of forfeiture and direct that the article be returned to such person; or (ii) if the State has disposed of the article, direct that the applicant be compensated by the State to the extent to which the State has been enriched by such disposal; was sold to the accused in pursuance of a contract under which he becomes the owner of the article upon the payment of a stipulated price, whether by instalments or otherwise, and under which the seller becomes entitled to the return of the article upon default of payment of the stipulated price or any part thereof, the court shall— (i) direct that the article be sold by public auction and that the said seller be paid out of the proceeds of the sale an amount equal to the value of his right under the contract of the article, but not exceeding the proceeds of the sale; or (ii) if the State has disposed of the article in question, direct that the said seller be compensated by the State by an amount equal to the value of his rights under the contract to the article, but not exceeding the extent to which the State has been enriched by such disposal. (5) If a determination by the court of an application in terms of subsection (4) is adverse to the applicant, he may appeal therefrom as if it were a conviction by the court making the determination, and such appeal may be heard either separately or jointly with an appeal against the conviction as a result whereof the declaration of forfeiture was made or against a sentence imposed as a result of such conviction. (6) When determining any rights in terms of subsection (4), the record of the criminal proceedings in which the declaration of forfeiture was made shall form part of the relevant proceedings, and the court making the determination may hear additional evidence, whether by affidavit or orally, as it may think fit. (7) If, in making an order under subsection (4)(a) or (b) in favour of an applicant, it appears to the judge or magistrate, from the evidence presented before him or her in the course of hearing the application, that— (a) the amount, if any, realised by the State when disposing of the article in question was inadequate to cover any costs reasonably incurred in securing the safe custody of the article; and (b) the applicant was negligent or unduly dilatory in pursuing his or her claim to the article in question; the judge or magistrate shall afford the State an opportunity to submit a claim for the recovery of any costs reasonably incurred in securing the safe custody of the article, and, if such submission is made— (c) may grant the whole or any part of such costs as to the judge or magistrate appears reasonable: Provided that such costs must not exceed the reasonably estimated value of the article to be returned, or the value of the compensation awarded or sale price realised under this section, as the case may be; and (d) shall direct the amount of the costs awarded under paragraph (c) to be deducted from any compensation payable or sale price realised under this section. [subsection inserted by section 24 of Act 2 of 2016] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 38