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Films and Publications Act, 1996 (Act No. 65 of 1996)

Rules

Enforcement Committee Rules, 2022

Schedule 1

Part 2 : Enforcement Committee Office Functions

2. Functions, office hours and address of Enforcement Committee

 

(1) The Enforcement Committee is legislatively empowered to—
(a) investigate all cases referred to it by the FPB for adjudication in respect of noncompliance with any provision of the Act by a distributor, exhibitor or any other person to whom the Act applies, except persons to whom sections 24A, 24B, 24C and 27A (2),(3) and (4) of the Act apply;
(b) adjudicate all cases and make appropriate findings, after the FPB and the respondent have been heard or granted a reasonable opportunity to be heard;
(c) hear evidence under oath or affirmation or evidence by affidavit and come to a finding when it is convinced on a consideration of all the facts before it that such a finding is fair, reasonable and justified;
(d) where appropriate—
(i) impose a fine;
(ii) as prescribed, suspend a registration certificate; or
(iii) through the Board, refer a matter to the National Director of Public Prosecutions for prosecution and, in such a case, the Enforcement Committee shall not make a finding; and
(e) where a fine is not paid, at the instance of the chief executive officer apply to a court for the enforcement of such a fine as a civil debt to the FPB.

 

(2) The offices of the Enforcement Committee are seated at the Head Office of the FPB and are open to the public every Monday to Friday, excluding public holidays, from 09h00 to 16h00.

 

(3) Despite sub-rule 2 (2) of Schedule 1 in exceptional circumstances the Enforcement Committee may accept documents for filing on any day and at any time.

 

(4) Subject to rule 5 and 6 of Schedule 1, any communication to the Enforcement Committee, or to a member of the staff of the FPB assigned to assist the Enforcement Committee, may be—

 

(a) Delivered by hand at—

 

The Film and Publication Board

Eco Glade 2

420 Witch Hazel Street

Eco Park

Centurion

0169

 

(b) Addressed by post to—

 

The Film and Publication Board

Private Bag X31

Highveld Park

0169

 

(c) Communicated by telephone on +27 012 003 1400;

 

(d) Transmitted by Fax on +27 012 661 0074; or

 

(e) Transmitted by electronic mail to [email protected].

 

(5) The address for the filing or service of documents at or on the Enforcement Committee (referred to in these Rules as “the Enforcement Committee address for service”) is at the physical address referred to in sub-rule 2 (4)(a) of Schedule 1 or such other address as may be notified on the FPB website from time to time.