Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsRadio Frequency Spectrum Amendment Regulations, 2021Part VIII - Other42. Offences and Penalties |
| (1) | Any person who contravenes these Regulations, except for regulations 3, 11(c), 13(4), 17(5), 38(1) and (2) and 39(1) is liable to a fine not exceeding R200 000, 00 (Two hundred thousand rand). |
| (2) | Any person who contravenes regulation 3 of these Regulations, is guilty of an offence and subject, on conviction, to a fine not less than R50 000, 00 (Fifty thousand Rand) but not exceeding R100 000, 00 (One hundred thousand rand). |
| (3) | Any person who contravenes regulation 11(c) of these Regulations is guilty of an offence and subject, on conviction, to imprisonment of thirty (30) days and/or a fine not less than R50 000, 00 (Fifty thousand Rand) but not exceeding R200 000, 00 (Two hundred thousand rand). |
| (4) | Any person who has contravenes regulation 13(4) of these Regulations shall be subject to a cooling-off period. |
| (5) | Any person who contravenes regulation 17(5) is liable to payment of interest on the outstanding amount at the interest rate provided for in terms of section 80 of the PFMA. |
| (6) | Any person who contravenes regulation 38(1) and (2) of these Regulations is guilty of an offence and subject, on conviction, to imprisonment of not less than six (6) months but not more than twenty-four (24) months and/or is liable to a fine not less than R250 000, 00 (Two hundred and fifty thousand rand) but not exceeding R5 000 000, 00 (Five million rand). |
| (7) | Any person who contravenes regulation 39(1) of these Regulations is guilty of an offence and subject, on conviction, to imprisonment of not less than twelve (12) months but not exceeding sixty (60) months and/or a fine not less than R500 000, 00 (Five hundred thousand Rand) but not exceeding R5 000 000, 00 (Five million rand). |
| (8) | Any person that contravenes the terms and conditions of their licence is subject to a fine not exceeding R5 000 000,00 (Five million rand). |
[Regulation 42(8) inserted by regulation 12 of Notice 781 of 2016, GG 40436, dated 22 November 2016]