| (1) |
If a disciplinary tribunal, after a hearing under section 25, finds an agent or employee of such agent guilty of improper conduct, it may— |
| (a) |
reprimand or caution him or her; |
| (b) |
impose conditions and restrictions subject to which the agent or employee of such agent may, for a specified period, practise his or her occupation; |
| (bA) |
impose on such agent or employee a fine not exceeding such amount as may be prescribed by the Minister by notice in the Gazette; |
| (bB) |
suspend that agent from conducting his or her business or from acting as an agent on such conditions and for such period as that tribunal may determine; and |
| (i) |
if such agent is a company, to every director of such company; |
| (ii) |
if he or she is a director of a company which is an agent, to such company; |
| (iii) |
if he or she in partnership acts as an agent. to every partner in such partnership; |
| (iv) |
if such agent is a close corporation, to every member contemplated in the definition of ‘fresh produce agent‘ or ‘livestock agent’, as the case may be, of that corporation; |
| (v) |
if he or she is a member of a close corporation which is an agent, to such corporation |
| (vi) |
if such agent is a trust, to every trustee of such trust; or |
| (vii) |
if he or she is a trustee of a trust which is an agent, to such trust. |
| (2) |
The disciplinary tribunal may suspend the execution of its decision taken under subsection (1)(bA), (bB) or (c), for such period not exceeding three years and subject to such further conditions as it may in each case determine. |
(3) The registrar shall—
| (a) |
A fine imposed under subsection (1)(bA) shall have the effect of and may be executed as if it were a civil judgment in favour of the council. |
| (b) |
The registrar shall publish the name and address of the agent or employee of such agent found guilty in terms of subsection (1), particulars of his or her conviction and the penalty imposed upon him or her, by notice in the Gazette. |
| (4) |
[Section 26(4) deleted by section 24 of Act No. 47 of 2003] |
| (5) |
If an agent or employee of such agent fails to comply with any conditions determined under subsection (2), the registrar shall cause the decision taken under subsection (1)(bA) or (bB) to be executed unless the said agent or employee of such agent satisfies the registrar that the non-compliance with such conditions was due to circumstances beyond his or her control. |
| (6) |
In addition to any of the sanctions referred to in subsection (1), the disciplinary tribunal may order that agent or employee to pay the costs incurred by the council in connection with such hearing and— |
| (a) |
such costs shall be calculated in accordance with the High Court tariff applicable to civil litigation; and |
| (b) |
for the purpose of assessing such costs, the registrar of the High Court having jurisdiction shall be empowered to tax such costs. |
| (7) |
Without derogating from the generality of any such order for the payment of costs, such costs shall include— |
| (a) |
the costs of recording, transcribing and preparing copies of any record; |
| (b) |
the costs incurred by the council in respect of the prosecutor and the accountant or other persons appointed to inspect and investigate the agent or his or her employee's books of account and any other documents or records or things relating to the agent or his or her employee's business operation or former business operation; and |
| (c) |
the costs of procuring the attendance of witnesses and their witness fees, including those of the complainant. |
| (8) |
The order contemplated in subsection (7) for the payment of costs incurred by the council in connection with an inspection and investigation shall have the effect of and may be executed as if it were a civil judgement in favour of the council. |
| (a) |
The disciplinary tribunal may, whenever a fine has been imposed on an agent as contemplated in subsection (1)(bA), order that any portion of that fine, but not exceeding 80% thereof, be applied towards the payment of compensation to any person who suffered a pecuniary loss as a result of the conduct of the agent or employee in question. |
| (b) |
The registrar shall, on receipt of the fine imposed on the agent in question, make the payment contemplated in paragraph (a). |
| (c) |
This subsection shall not preclude any person from pursuing any civil remedy against the agent or employee contemplated in paragraph (a): Provided that if an award is made by a court in favour of a person who has received payment from the council as contemplated in paragraph (b), the court shall take the payment into account in making such award. |
[Section 26 substituted by section 24 of Act No. 47 of 2003]
Statistics Act, 1999
