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Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993)

26. Offences and penalites

 

(1) Any person who—
(a) contravenes or fails to comply with the provisions of a code of conduct issued under section 7;
(b) contravenes or fails to comply with the provisions of section 11 (4), 12 (7), 12 (8), 12 (10), 13 (8), 14 (1) or 21;
(c) contravenes or fails to comply with the provisions of a notice issued under section 13 (2) or (9), or the conditions of a permit referred to in section 13 (2), read with section 13 (4), or the provisions of section 13 (3) or 15 (1);

[Section 26(1)(c) substituted by section 2 of Act 59 of 1996]

(d) falsely represents that any goods or activities fall outside the purview of this Act;
(e) makes any statement regarding a matter with which this Act is concerned to an officer or employee of the Department, an inspector or a person authorized by the Council which statement is false in any material respect, knowing it to be false;
(f) falsely holds himself out to be an officer or employee of the Department, an inspector or a person authorized by the Council;
(g) refuses or fails to answer to the best of his knowledge any question regarding a matter with which this Act is concerned which an officer or employee of the Department, an inspector or a person authorized by the Council has in the exercise of his powers put to him;
(h) refuses or fails to comply to the best of his or her ability with any lawful requirement, request or order of an officer or employee of the Department, an inspector or a person authorized by the Council;

[Section 26(1)(h) substituted by section 27 of Act 33 of 2004]

(i) hinders or obstructs an officer or employee of the Department, an inspector or a person authorized by the Council in the exercise of his functions under this Act,
(j) intentionally uses, or threatens to use, a weapon of mass destruction against—
(aa) a citizen of the Republic or a person ordinarily resident in the Republic, whether that person is in or outside the Republic;
(bb) any person within the Republic; or
(cc) any property that is owned, leased or used by any such citizen or resident of the Republic or by any public or private body or agency of the Republic, whether the property is within or outside of the Republic, or

[Section 26(1)(j) inserted by section 27 of Act 33 of 2004]

(k) threatens, attempts, conspires with any other person, or aids, abets, induces, incites, instigates, instructs or commands, counsels or procures another person, to commit an offence referred to in subparagraph (i),

[Section 26(1)(k) inserted by section 27 of Act 33 of 2004]

shall be guilty of an offence, and liable on conviction—

(i) in the case of an offence referred to in paragraph (a) to a fine, or to imprisonment for a period not exceeding five years;
(ii) in the case of an offence referred to in paragraph (b) to a fine, or to imprisonment for a period not exceeding ten years;
(iii) in the case of an offence referred to in paragraphs (c) to (e) inclusive to a fine, or to imprisonment for a period not exceeding fifteen years; and
(iv) in the case of an offence referred to in paragraphs (f) to (i) inclusive to a fine, or imprisonment for a period not exceeding two years.
(v) in the case of an offence referred to in paragraph (j) or (k), to a fine or to imprisonment for a period up to imprisonment for life.

[Section 26(1)(k)(i-v) inserted by section 27 of Act 33 of 2004]

 

(2) A court convicting any person of an offence referred to in paragraph (b) or (d) may, in addition to any other penalty which it may impose, seize any goods or any consignment or batch of goods, or any other article, or any material or substance, in respect of which the offence was committed, and goods so seized shall be disposed of as the Minister may either generally or in any particular case order.

 

(3) A magistrate’s court shall, notwithstanding anything to the contrary in any law contained, be competent to impose any penalty provided for in this Act.