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Communal Property Associations Act, 1996 (Act No. 28 of 1996)

14. Offences

 

(1) A person shall be guilty of an offence if he or she—
(a) in breach of the provisions of a constitution grants or purports to grant to any person rights in respect of the property of an association or access to such property;
(b) acts in breach of the fiduciary relationship contemplated in section 8(7);
(c) abuses any power or authority vested in him or her by the members of the association or provisional association by doing any thing or refraining from doing any thing or threatening to do or refrain from doing any thing, in such a manner that the benefits or rights of a member are prejudiced or threatened;
(d) incites or attempts to incite any person to commit the offence contemplated in paragraph (c);
(e) grants or purports to grant to any person other than a member of that provisional association any right in respect of the rights of a provisional association referred to in section 5(4)(a).

 

(2) The Director-General shall, if so requested by the committee or the association—
(a) take the necessary steps to establish to his or her satisfaction whether the membership of a person has been duly terminated in terms of the constitution; and
(b) if he or she is satisfied that the membership of the person concerned has been so terminated, issue a certificate to that effect.

 

(3) In a prosecution under section I of the Trespass Act, 1959 (Act No. 6 of 1959), and in any proceedings for the eviction of any person from property owned, controlled or managed by an association, a certificate issued by the Director-General in terms of subsection (2) shall be prima facie proof of the correctness of the contents thereof.

 

(4) Any person convicted of a contravention of subsection (1) shall be liable to a fine or to imprisonment for a period not exceeding ten years or to both such fine and imprisonment.