Planning Profession Act, 2002 (Act No. 36 of 2002)Chapter 7 : General35. Offences and penalties |
| (1) | Any person or body who contravenes the provisions of sections 13(2), 13(5), 15, 16(3), 17(7) or 22(7)(a)(i) and (iv) or (f) is guilty of an offence. |
| (2) | Any person convicted of an offence of contravening the provisions of sections 13(2), 13(5) or 16(3) is liable to a maximum fine equal to double the remuneration payable to him or her for work done during the period of such contravention or to a maximum fine equal to the fine calculated according to the ratio determined for a period of three years' imprisonment in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991). |
| (3) | Any person or organisation who is convicted of an offence of contravening the provisions of section 15 or 17(7) of the Act, is liable to a maximum fine equal to the fine calculated according to the ratio determined for one month's imprisonment in terms of the Adjustment of Fines Act, 1991. |
| (4) | Any person who is convicted of an offence of contravening the provisions of section 22(7)(a)(i) and (iv) or (f) is liable to a maximum fine equal to the fine calculated according to the ratio determined for three years' imprisonment in terms of the Adjustment of Fines Act, 1991. |
| (5) | Any person who is convicted of an offence of contravening the provisions of any other section of this Act, is liable to a maximum fine equal to the fine calculated according to the ratio determined for one month's imprisonment in terms of the Adjustment of Fines Act, 1991. |
| (6) | In addition to, and independently of, any criminal proceedings contemplated or instituted against a person or body referred to in subsection (1), the Council may, in any court having jurisdiction, institute any civil proceedings against such person or body in order to compel compliance with the relevant provisions of this Act or to interdict any contravention thereof or for any related purpose. |