Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Chapter VII : General Provisions

35B. Offences and penalties

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(1) Any person who—
(a) contravenes the provisions of section 7(1);
(b) fails to comply with a direction issued in terms of section 4(b)(iiA)(bb);
(c) obstructs or hinders any person authorised in terms of section 33(1) in the exercise of powers under section 33;
(d) makes any false or misleading statement to the Regulator in connection with any matter contemplated in this Act; or
(e) without lawful authority, damages, removes or destroys any transmission, distribution or reticulation cable, equipment or infrastructure, shall be guilty of an offence.

 

(2) Any person who is convicted of an offence by a court of law referred to in subsection (1) shall be liable to a fine not exceeding R1 000 000,00 or to imprisonment for a period not exceeding five years or to both such fine and imprisonment.

 

(3) Despite anything to the contrary contained in any other law, a Magistrates Court has jurisdiction to impose any penalty provided for in this Act.

 

(4) Any person who, in any manner, without lawful authority, acquires or receives into his possession from any other person transmission, distribution or reticulation cable, equipment or infrastructure without having reasonable cause for believing, at the time of such acquisition or receipt, that such transmission, distribution or reticulation cable, equipment or infrastructure is the property of the person from whom he acquires or receives it or that such person has been duly authorized by the owner thereof to deal with it or dispose of it, shall be guilty of an offence.

 

(5) Any person who is convicted of an offence referred to in subsection (4) shall be liable to a fine not exceeding R5 000 000,00 or to imprisonment for a period not exceeding ten years or to both such fine and imprisonment.

 

[Section 35B inserted by section 30 and 31(f) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]