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Regulation of Gatherings Act, 1993 (Act No. 205 of 1993)

Chapter 4

12. Offences and penalties

 

 

(1) Any person who—
(a) convenes a gathering in respect of which no notice or no adequate notice was given in accordance with the provisions of section 3; or
(b) after giving notice in accordance with the provisions of section 3, fails to attend a relevant meeting called in terms of section 4(2)(b); or
(c) contravenes or fails to comply with any provision of section 8 in regard to the conduct of a gathering or demonstration; or
(d) knowingly contravenes or fails to comply with the contents of a notice or a condition to which the holding of a gathering or demonstration is in terms of this Act subject; or
(e) in contravention of the provisions of this Act convenes a gathering, or convenes or attends a gathering or demonstration prohibited in terms of this Act; or
(f) knowingly contravenes or fails to comply with a condition imposed in terms of section 4(4) (b) , 6(1) or 6(5); or
(g) fails to comply with an order issued, or interferes with any steps taken, in terms of section 9(1) (b) , (c), (d) or (e) or (2)(a); or
(h) contravenes or fails to comply with the provisions of section 4(6); or
(i) supplies or furnishes false information for the purposes of this Act; or
(j) shall be guilty of an offence and on conviction liable—
(i) in the case of a contravention referred to in paragraphs (a) to (j), to a fine or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment; and
(ii) in the case of a contravention referred to in paragraph (k), to a fine or to imprisonment for a period not exceeding three years.

[paragraph (j) substituted by section 5(c) of Act No. 15 of 2013]

(k) who is in possession of or carrying any object referred to in section 8(4) in contravention of that section.

[paragraph (k) inserted by section 5(b) of Act No. 15 of 2013]

shall be guilty of an offence and on conviction liable to a fine not exceeding R20 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

 

(2) It shall be a defence to a charge of convening a gathering in contravention of subsection (1)(a) that the gathering concerned took place spontaneously.