Community Schemes Ombud Service Act, 2011 (Act No. 9 of 2011)

Chapter 2 : Community Schemes Ombud Service

34. Offences and penalties

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(1)Any person who—
(a)fails to provide access to any books, accounts, documents or assets when required to do so under this Act;
(b)fails to comply with a directive issued under this Act;
(c)fails or refuses to give data or information, or gives false or misleading data or information when required to give information under this Act;
(d)intentionally refuses to perform a duty or obstructs any person in the exercise of a power or performance of a duty in terms of this Act;
(e)accepts any unauthorised fees or reward, either directly or indirectly as a result of a person’s position with the Service;
(f)uses the name, logo or design of the Service without authority;
(g)contravenes or fails to comply with section 31; or
(h)fails to comply with section 11(1), (2) and (3),

is guilty of an offence, and is liable, on conviction, to a fine or imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

(2)Where a person is convicted for a second or subsequent conviction for an offence contemplated in subsection (1), he or she is liable to a fine or imprisonment for a period not exceeding ten years or to both a fine and such imprisonment.