of, the association, or in so organising or training as aforesaid any member or adherent thereof, shall be guilty of an offence under this Part and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both:
Provided that in any proceedings against any person charged with the offence of taking part in the control or management of such an association as aforesaid it shall be a defence to that charge to prove that he neither consented to nor connived at the organisation, training or equipment of any member or adherent of the association in contravention of this section.
(2) No prosecution for any offence under this section shall be instituted except with the consent of the Public Prosecutor.
(3) If upon application being made by or on behalf of the Public Prosecutor it appears to the General Division of the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of this section, the General Division of the High Court may —
- (a) make such order as appears necessary to prevent any disposition without the leave of the General Division of the High Court of property held by or for the association;
[Act 40 of 2019 wef 02/01/2021]
- (b) direct an inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association;
- (c) make such further order as appears to the General Division of the High Court to be just and equitable for the application of such property in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or, with the approval of the General Division of the High Court, since that date in or towards the repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid, and in or towards any costs incurred in
