| (1) |
A person is guilty of an offence if that person— |
| (b) |
contravenes a provision of section 32(4), 74, 116(1), 123(1), (2) or (3), 127, 133(1), 249, 250(1), 252, 273, 301, 302 or 303; |
| (c) |
fails to comply with section 12(5), 12(9), 57(2), 89(1), 89(2), 110(1), 124, 126(1), 134(1), 138(1), 141(1), 167(2), 178(1), 178(2), 226(1), 226(2) or 232(6); |
| (d) |
fails to comply with a request in terms of section 57(1); |
| (e) |
misappropriates money for which that person is accountable in terms of section 137(5)(b); |
| (g) |
fails to stop operating an unregistered child and youth care centre, partial care facility or drop-in centre after that person has been instructed by way of a notice of enforcement in terms of section 85, 100, 204 or 222 to stop operating that child and youth care centre, partial care facility or drop-in centre; |
| (h) |
fails to stop providing early childhood development programmes after that person has been instructed by way of a notice of enforcement in terms of section 100 to stop providing those programmes; |
| (i) |
directly or indirectly counsels, induces or aids any child to whom leave of absence has been granted in terms of section 168 not to return to the child and youth care centre or person in whose care or temporary safe care that child has been placed, or prevents the child from returning to that centre or person after the expiration of the period of leave or after the cancellation of such leave; |
| (j) |
remove a child in alternative care from the Republic without the prior written approval for such removal first being obtained in terms of section 169; |
| (k) |
knowing that a child in alternative care has absconded from or failed to return to that care, directly or indirectly counsels, induces or aids that child not to return to such care, or harbours or prevents the child from returning to that care; |
| (l) |
hinders or obstructs— |
| (m) |
hinders or interferes with a person in the execution of official duties in terms of section 304; |
| (n) |
fails to comply with a request of a person in the execution of his or her official duties in terms of section 50(4) or section 304 or furnishes false or misleading information to such a person when complying with such a request; |
| (o) |
falsely professes to be a person authorised in terms of section 50(4) or 304 or an assistant of such a person; |
| (p) |
has been issued with a written notice as contemplated in section 153(1) and- |
| (i) |
refuses to leave the home or the place where the child resides; or |
| (ii) |
has contact with the child in contravention of the written notice; |
| (q) |
contravenes or fails to comply with an order of a High Court, Divorce Court in a divorce case and children's court issued in terms of this Act, including section 153(6), or contravenes or fails to comply with any condition contained in such order; |
| (r) |
[Section 305(1)(r) repealed by section 48 of Act No. 7 of 2013] |
| (s) |
[Section 305(1)(s) repealed by section 48 of Act No. 7 of 2013] |
| (2) |
A person unfit to work with children is guilty of an offence if that person— |
| (a) |
operates or assists in any way in operating a partial care facility, child and youth care centre, shelter or drop-in centre; |
| (b) |
assumes the foster care or temporary safe care of a child; or |
| (c) |
applies for the foster care, temporary safe care or adoption of a child. |
| (3) |
A parent, guardian, other person who has parental responsibilities and rights in respect of a child, care-giver or person who has no parental responsibilities and rights in respect of a child but who voluntarily cares for the child either indefinitely, temporarily or partially, is guilty of an offence if that parent or care-giver or other person— |
| (a) |
abuses or deliberately neglects the child; or |
| (4) |
A person who is legally liable to maintain a child is guilty of an offence if that person, while able to do so, fails to provide the child with adequate food, clothing, lodging and medical assistance. |
| (5) |
A person who is the owner, lessor, manager, tenant or occupier of any premises on which the commercial sexual exploitation of a child has occurred is guilty of an offence if that person, on gaining information of that occurrence, fails to promptly take reasonable steps to report the occurrence to the South African Police Service. |
| (6) |
A person convicted of an offence in terms of subsection (1), (2), (3), (4) or (5) is liable to a fine or to imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment. |
[Section 305(6) amended by section 48 of Act No. 7 of 2013]
| (7) |
A person convicted of an offence in terms of subsection (1), (2), (3), (4) or (5) more than once is liable to a fine or imprisonment for a period not exceeding 20 years or to both a fine and such imprisonment. |
| (8) |
[Section 305(8) repealed by section 48 of Act No. 7 of 2013] |
Financial Advisory and Intermediary Services Act, 2002
