| (1) |
If an infringer on whom a notice contemplated in section 19B(1) or (2), or an enforcement order is served does not comply with the requirements of the notice contemplated in section 19B(1)(a) or (2)(a) or the provisions of the order contemplated in section 20(3)(a), the registrar may, on the prescribed conditions, issue a warrant against the infringer, which is valid until such time it is served by the sheriff or is cancelled by the registrar— |
[Words preceding Section 21(1) substituted by section 13(a) of Act No. 72 of 2002]
| (a) |
to seize and sell movable property to defray the penalty and fees due; |
[Section 21(1)(b) substituted by section 12(b) of Act No. 72 of 2002]
| (b) |
to seize the driving licence or professional driving permit of the infringer; |
| (c) |
to deface the licence disc of a motor vehicle of which the infringer is the owner by removing the licence disc; |
| (d) |
to seize or deface the operator card of a motor vehicle of which the infringer is the registered operator; |
| (e) |
to immobilise the motor vehicle of which the infringer is the owner or registered operator, and the registrar must update the national contraventions register accordingly. |
| (2) |
The Registrar may, upon issuance of a warrant in terms of subsection (1), report the infringer to a credit bureau. |
| (3) |
A warrant that has been issued under this section is regarded as process of execution for the purposes of Chapter IX of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), which applies with the necessary changes, and in such application a reference to— |
| (a) |
the judgment creditor or execution creditor, must be read as a reference to the agency; and |
| (b) |
the judgment debtor or execution debtor, must be read as a reference to the infringe. |
[Section 21(3) substituted by section 2 of Act No. 22 of 1999]
| (4) |
Subject to the Rules of Court as defined in section 1 of the Magistrates’ Courts Act, 1944, a warrant that has been issued under this section must be executed as prescribed. |
[Section 21(4) substituted by section 2 of Act No. 22 of 1999]
| (5) |
If a warrant has been executed, the registrar must record the payment of the penalty and fees from the proceeds of the execution in the national contraventions register. |
| (6) |
An infringer may, at any time prior to the execution of a warrant, comply with an enforcement order through the payment of the penalty and fees, including the prescribed cost of the warrant, and in the case of such compliance the warrant may not be executed. |
Older Persons Act, 2006
