What are Third Party Funds (TPF)?

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Presentation transcript:

What are Third Party Funds (TPF)? NATURE OF TPF DESCRIPTION BENEFICIARY NOTES Admission of guilt fines (including deferred fines) Fines, mostly traffic fines, where the accused chooses not to defend the matter in court. A magistrate still confirms the fine after being paid. The fines are paid over to either the local authority, provincial government or National Revenue Fund depending on the offence that in turn dictates the classification of the fine 1. In some cases the release of the accused/guilty party is dependent of fine being paid at court/SAPS/DCS 2. In bigger metropolitan areas, admission of guilt fines are collected by municipalities/metropolitan councils. Bail Where an accused is granted bail by a judicial officer or a duly authorised official (such as a SAPS officer) these funds are paid into the DoJ&CD directly or by the SAPS to secure release. These funds are kept until a court authorises the return of the funds to the depositor upon case completion or are forfeited to the state. Release of an accused is dependent on the bail being paid at court/SAPS/DCS

What are Third Party Funds (TPF)? Court Fines (including deferred fines) Fines imposed by a court after the conclusion of a court case. These funds are collected on behalf of the National Revenue Fund or provincial or local or other authorities and are held until paid over. Paid over to the National Revenue Fund via the Vote Account or provincial or local authority on daily, weekly or monthly basis according to local arrangements. In all cases the release of the guilty party is dependent on fine being paid at court/SAPS/DCS Maintenance Money received from obligors (defendant/employers) as per an order of court to assist plaintiffs with the maintenance of minor children or children not in a position to fend for themselves. These monies are held until paid to the plaintiffs or National Revenue Fund if unclaimed for a period longer than 12 months (after further court order by a magistrate that money can be paid to obligor - if obligor is then not traced, money is paid to NRF). This also includes future maintenance (where part or all of obligor pension benefits are seized and kept in "trust" for the beneficiary and paid out on a monthly basis and foreign maintenance (where the obligor or beneficiary resides in a foreign country and an agreement has been reached in terms of the Reciprocal Enforcement of Maintenance Orders Act, 1963).

What are Third Party Funds (TPF)? State Attorney Monies Money collected by the State Attorney on behalf of Government institutions in civil litigation and deeds monies where the state is the seller/purchaser of property These monies are held on behalf of the relevant government institution and the National Revenue Fund (10% commission levied on all debt collections on behalf of government institutions). Relevant government institution or National Revenue Fund via Vote Account. Compensatory Fines (including deferred fines) Criminal Court orders for a given defendant to pay compensation to a plaintiff. These monies are held until payment to the relevant plaintiff or the National Revenue Fund if unclaimed for longer than 12 months. Relevant plaintiff or National Revenue Fund via Vote Account Payments into Court Security payments in respect of civil litigation by plaintiff’. These security payments may in certain cases be made without a court order, where a defendant pays into court an amount, without prejudice, as security. Held on behalf of the plaintiff until case is finalised. or National Revenue Fund if the amount remains unclaimed after three years. Plaintiff, defendant or National Revenue Fund via Vote Account.

What are Third Party Funds (TPF)? Unclassified Monies Monies received that cannot immediately be classified into one of the above categories, originates from an unknown source or maintenance monies received for which the obligor or employer has not yet forwarded the detail beneficiary list. If the origin of these monies cannot be traced or classified within six months, the monies are deposited to the National Revenue Fund. Held on behalf of the beneficiary if later classified, the depositor if traced or the National Revenue Fund if not traced or another court. Another court, beneficiary if later classified, the depositor if traced or the National Revenue Fund via the Vote Account.