| (1) |
Any person who, in a practice, without the written consent of the Council, employs in any capacity any person who has been struck off the Roll or suspended from practice, while that person remains struck off or suspended, commits an offence and is liable on conviction to a fine or imprisonment for a period not exceeding one year. |
| (2) |
Any person who contravenes the provisions of section 33 commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and imprisonment. |
| (3) |
Any legal practitioner who contravenes any of the provisions of section 34 commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and imprisonment. |
| (a) |
fails to comply with the provisions of section 39(7)(a)(i), (ii), (iii) or (iv); |
| (b) |
contravenes section 39(7)(b), (e) or (f); or |
| (c) |
obstructs or hinders any person in the performance of his or her functions under section 39, |
commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding one year.
| (5) |
Any person who has been summoned to appear before the Ombud in terms of section 48 and who— |
| (a) |
without sufficient cause fails to appear at the time and place specified in the summons or to remain in attendance until he or she is excused by the Ombud from further attendance; |
| (b) |
at his or her appearance before the Ombud— |
| (i) |
fails to produce a book, document or other object in his or her possession or under his or her control which he or she has been summoned to produce; or |
| (ii) |
refuses to take an oath or to make an affirmation after he or she has been asked by the Ombud to do so; and |
| (c) |
having taken an oath or having made an affirmation— |
| (i) |
fails to answer fully and to the best of his or her ability any question lawfully put to him or her; or |
| (ii) |
gives false evidence knowing that evidence to be false or not knowing or not believing it to be true, |
commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding one year.
| (6) |
Any attorney or advocate who contravenes section 56(7) commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years. |
| (7) |
A claimant who fails to co-operate with the Fund in the exercise of its subrogated rights as contemplated in section 80, commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years. |
| (a) |
commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and imprisonment; |
| (b) |
is on conviction liable to be struck off the Roll; and |
| (c) |
is not entitled to any fee, reward or reimbursement in respect of the legal services rendered. |
| (b) |
contravenes section 37(2)(c) or 87(6); or |
| (c) |
obstructs or hinders any person in the performance of his or her functions under those provisions, |
commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding one year.
Financial Services Board Act, 1990
