(1) Any person who—
| (b) |
fails to comply with a request under section 23(3); |
| (c) |
contravenes or fails to comply with a condition imposed under section 33(2); |
| (d) |
in an application for any fidelity fund certificate knowingly gives information or makes a statement which is false or misleading; |
| (e) |
has been duly summoned under section 48 and who fails, without sufficient cause— |
| (i) |
to attend at the time and place specified in the summons; or |
| (ii) |
to remain in attendance until excused from further attendance by the person presiding at the inquiry; |
| (f) |
has been called upon under section 48(1)(b) and who refuses to be sworn or to make an affirmation as a witness; |
| (g) |
fails, without sufficient cause— |
| (i) |
to answer fully and satisfactorily any question lawfully put to him under section 48(1)(c) ; or |
| (ii) |
to produce any book, document or thing in his possession or custody or under his control which he was required to produce under section 48(1)(c) ; |
| (gA) |
has not been appointed as a sheriff, acting sheriff or deputy sheriff in terms of this Act and who practises or performs any functions assigned by or under any law to a sheriff or any other specified functionary or holds himself or herself out as a sheriff, acting sheriff or deputy sheriff or pretend to be, or make use of any name, title or addition or description creating the impression that he or she is a sheriff, acting sheriff or deputy sheriff or is recognized by law as such; |
[Paragraph (gA) inserted by section 18(a) of Act No. 74 of 1998]
| (h) |
hinders or obstructs any inspector in the exercise of his powers under section 57(2); or |
shall be guilty of an offence.
| (1A) |
Any sheriff or deputy sheriff who— |
| (a) |
makes a false return in respect of the service or execution of any process; |
| (b) |
embezzles, or fraudulently conceals or destroys any process; or |
| (c) |
in respect of the property offered for sale at a sale in execution in terms of any rules of court, makes an arrangement with any person to buy such property, or to buy and dispose of such property— |
| (i) |
on behalf of the sheriff; or |
| (ii) |
in a manner which results in an improper personal gain for the sheriff; or |
| (iii) |
in a manner which will restrict or is likely to restrict the proceeds of such sale, |
shall be guilty of an offence.
[Section 60(1A) inserted by section 18(b) of Act No. 74 of 1998]
| (2) |
Any person who is convicted of an offence under this Act shall be liable— |
| (a) |
in the case of an offence referred to in paragraph (a), (c), (d), (h) or (i) of subsection (1), to a fine or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment; |
| (b) |
in the case of an offence referred to in paragraph (b), (e), (f) or (g) of subsection (1), to a fine or to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment; and |
| (c) |
in the case of an offence referred to in paragraph (gA) of subsection (1), or in subsection (1A), to a fine or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment. |
[Section 60(2) substituted by section 18(c) of Act No. 74 of 1998]
Basic Conditions of Employment Act, 1997
