Acts Online
GT Shield

National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)

Chapter 6 : General Provisions

41. Offences and penalties

 

(1) Any person who contravenes the provisions of section 32(1)(b) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.

 

(2) Any person convicted of an offence referred to in section 28(10) or 29(12) shall be liable to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment.

 

(3) Any person who is convicted of an offence in terms of a regulation made under section 40, shall be liable to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

 

(4) Any person who is convicted of an offence referred to in section 40A(2), shall be liable to a fine or to imprisonment for a period not exceeding 25 years or to both such fine and such imprisonment.

 

(5) Any person who, in connection with any activity carried on by him or her, in a fraudulent manner takes, assumes, uses or publishes any name, description, title or symbol indicating or conveying or purporting to indicate or convey or which is calculated or is likely to lead other persons to believe or to infer that such activity is carried on under or by virtue of the provisions of this Act or under the patronage of the prosecuting authority, or is in any manner associated or connected with the prosecuting authority, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 25 years or to both such fine and such imprisonment.

 

(6) Notwithstanding any other law, no person shall without the permission of the National Director or a person authorised in writing by the National Director disclose to any other person—
(a) any information which came to his or her knowledge in the performance of his or her functions in terms of this Act or any other law;
(b) the contents of any book or document or any other item in the possession of the prosecuting authority; or
(c) the record of any evidence given at an investigation as contemplated in section 28(1),

except—

(i) for the purpose of performing his or her functions in terms of this Act or any other law; or
(ii) when required to do so by order of a court of law.

 

(7) Any person who contravenes subsection (6) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment.

 

[Section 41 substituted by section 19 of Act No. 61 of 2000]