| (1) |
Notwithstanding the provisions of any other law, any person who— |
| (a) |
contravenes any prohibition, condition, obligation or order imposed in terms of section 7; |
| (c) |
fails to comply with any direction in terms of the provisions of section 11(2)(b); or |
| (d) |
in an affidavit referred to in section 8(4)(a), or in a declaration relating to any application contemplated in this Act, wilfully makes a false statement in a material respect, |
is guilty of an offence and liable on conviction—
| (i) |
in the case of an offence referred to in paragraph (a)— |
| (aa) |
if it is a first conviction, to a fine or imprisonment for a period not exceeding five years or to both such fine and such imprisonment; or |
| (bb) |
if it is a second or subsequent conviction, to a fine or imprisonment for a period not exceeding 10 years; and |
| (ii) |
in the case of an offence contemplated in paragraph (b), (c), or (d)— |
| (aa) |
if it is a frst conviction, to a fine or imprisonment for a period not exceeding two years or to both such fine and such imprisonment; or |
| (bb) |
if it is a second or subsequent conviction, to a fine or imprisonment for a period not exceeding four years or to both such fine and such imprisonment. |
[Section 17(1)(d) substituted by section 19 of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG50430, dated 3 April 2024]
| (2) |
Any person who is convicted of an offence referred to in section 5A(3), is liable on conviction to a fine or imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
| (3) |
Any electronic communications service provider or employee of an electronic communications service provider, who is convicted of an offence referred to in section 5B(11)(a), (b), (c) or (d), is liable on conviction, in the case of— |
| (a) |
an electronic communications service provider, to a fine not exceeding R10 000; or |
| (b) |
an employee of an electronic communications service provider, to a fine or imprisonment for a period not exceeding six months or to both a fine and such imprisonment. |
| (4) |
A person who is convicted of an offence referred to in section 2B(4), is liable on conviction to a fine or to imprisonment for a period not exceeding three months or to both a fine and such imprisonment. |
[Section 17 substituted by section 22 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]
Statistics Act, 1999
