Intellectual Property Rights from Publicly Financed Research and
R 385
Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)Chapter V : Dispute Resolution and Courts23. Offences |
| (2) | No person shall wilfully obstruct or interfere with an official in the employ of the State or a mediator in the performance of his or her duties under this Act. |
| (3) | Any person who contravenes a provision of subsection (1) or (2) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment. |
| (4) | Any person whose rights or interests have been prejudiced by a contravention of subsection (1) shall have the right to institute a private prosecution of the alleged offender. |
| (5) | The provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall apply to a private prosecution in terms of this Act: Provided that if— |
| (a) | the person prosecuting privately does so through a person entitled to practise as an advocate or an attorney in the Republic; |
| (b) | the person prosecuting privately has given written notice to the public prosecutor with jurisdiction that he or she intends to do so; and |
| (c) | the public prosecutor has not, within 14 days of receipt of such notice, stated in writing that he or she intends to prosecute the alleged offence, |
then—
| (i) | the person prosecuting privately shall not be required to produce a certificate issued by the Attorney-General stating that he or she has refused to prosecute the accused; |
| (ii) | the person prosecuting privately shall not be required to provide security for such action; |
| (iii) | the accused shall be entitled to an order for costs against the person prosecuting privately, if— |
| (aa) | the charge against the accused is dismissed or the accused is acquitted or a decision in favour of the accused is given on appeal; and |
| (bb) | the court finds that such prosecution was unfounded or vexatious; and |
| (iv) | the Attorney-General shall be barred from prosecuting except with the leave of the court concerned. |
