| (a) | investigate all cases referred to it by the Board for adjudication in respect of non-compliance with any provision of the Act by a distributor, exhibitor or any other person to whom the Act applies, except persons to whom sections 24A, 24B, 24C and 27A(2), (3) and (4) apply; |
| (b) | adjudicate all cases and make appropriate findings, after the Board and the respondent have been heard or granted a reasonable opportunity to be heard; |
| (c) | hear evidence under oath or affirmation or evidence by affidavit and come to a finding when it is convinced on a consideration of all the facts before it that such a finding is fair, reasonable and justified; |
| (ii) | as prescribed, suspend a registration certificate; or |
| (iii) | through the Board, refer a matter to the National Director of Public Prosecutions for prosecution and, in such a case, the Enforcement Committee shall not make a finding; and |
| (e) | where a fine is not paid, at the instance of the chief executive officer, apply lo a court for the enforcement of such a fine as a civil debt to the Board. |
| (2) | The finding of a contravention by the Enforcement Commitlee in terms of subsection (1) shall not be regarded as a conviction in respect of a criminal offence and no prosecution for that offence shall thereafter be competent. |
| (3) | An aggrieved person may appeal to the Appeal Tribunal against a finding of the Enforcement Committee. |
| (4) | The Minister may, from time to time and after consultation with the Board, by notice in the Gazette, adjust the amount of fines that may be imposed by the Enforcement Committee in accordance with the average of the consumer price index, as published from time to time in the Gazette, for the immediately preceding 12 months multiplied by the number of years that the amount has remained the same. |
| (5) | The chairperson, members of the Enforcement Committee and each member of the staff of the Enforcement Committee, must not— |
| (a) | engage in any activity that may undermine the integrity of the Enforcement Committee; |
| (b) | participate in any investigation , hearing or decision concerning a matter in respect of which that person has a direct financial interest or |
| (c) | any similar personal interest; |
| (e) | make private use of, or profit from any confidential information obtained as a result of performing that person 's official functions in the Enforcement Committee; or |
| (f) | divulge any information referred to in paragraph (iii) to any third party, except as required as part of that persons official function within the Enforcement Committee. |
[Section 6B inserted by section 6 and section 33(d) of Proc 52, GG 45959, dated 25 February 2022]
