Liquor Act, 2003 (Act No. 59 of 2003)Chapter 5 : Offences and Penalties35. Penalties and forfeiture |
| (1) | Any person who contravenes or fails to comply with a provision of— |
| (a) | section 4(2), 5(1), 6, 8 or 10, is liable on conviction to a fine not exceeding R1 000 000, or to imprisonment for a period not exceeding five years; or |
| (b) | section 7, 9 or 34, is liable on conviction to a fine not exceeding R500 000, or to imprisonment for a period not exceeding one year. |
| (2) | In addition to imposing a penalty in terms of subsection (1), a court that has convicted a person of an offence— |
| (a) | in terms of section 4(2), must order the forfeiture to the State of any liquor manufactured or distributed by that person contrary to section 4(2), and seized in terms of section 26(2)(f); |
| (b) | in terms of section 5, must order the forfeiture to the State of any methylated spirits manufactured or sold by that person contrary to this Act, and seized in terms of section 26(2)(f); or |
| (c) | in terms of section 6, must order the destruction of any substance that is prohibited in terms of section 6, and that was in the possession of that person, and seized in terms of section 26(2)(f). |
| (3) | The Minister must order that any liquor that is forfeited to the State in terms of this section must be— |
| (a) | destroyed at the cost of the person from whom it was seized; or |
| (b) | sold to a registered person, in accordance with any law regulating disposal of forfeited goods. |