| (1) |
No person shall remove or evict a labour tenant or an associate except on the authority of an order of a competent court. |
| (2) |
No person shall wilfully obstruct or interfere with an official in the employ of the State or a mediator in the performance of his or her duties under this Act. |
| (3) |
Any person who contravenes a provision of subsection (1) or (2) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding two years, or to both a fine and such imprisonment. |
| (4) |
Any person whose rights or interests have been prejudiced by a contravention of subsection (1) shall have the right to institute a private prosecution of the alleged offender. |
| (5) |
The provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall apply to a private prosecution in terms of this Act: Provided that if— |
| (a) |
the person prosecuting privately does so through a person entitled to practise as an advocate or an attorney in the Republic; |
| (b) |
the person prosecuting privately has given written notice to the prosecutor with jurisdiction that he or she intends to do so; and |
| (c) |
the prosecutor has not, within 14 days of receipt of such notice, stated in writing that he or she intends to prosecute the alleged offence, |
then—
| (i) |
the person prosecuting privately shall not be required to produce a certificate issued by the Director of Public Prosecutions with jurisdiction in respect of the area of the court concerned, stating that he or she has refused to prosecute the accused; |
| (ii) |
the person prosecuting privately shall not be required to provide security for such action; |
| (iii) |
the accused shall be entitled to an order for costs against the person prosecuting privately, if— |
| (aa) |
the (charge against the accused is dismissed or the accused is acquitted or a decision in favour of the accused is given on appeal; and |
| (bb) |
the court finds that such prosecution was unfounded or vexatious; and |
| (iv) |
the Director of Public Prosecutions contemplated in paragraph (i) shall be barred from prosecuting except with the leave of the court concerned. |
[Section 15A inserted by section 4 of Act No. 51 of 2001]
Public Service Commission Act, 1997
