Rental Housing Act, 1999 (Act No. 50 of 1999)

Chapter 5 : General Provisions

16. Offences and penalties

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Any person who—

(a)fails to comply with sections 4 or 5(1);

[Section 16(a) substituted by section 17(a) of Notice No. 876, GG 38184, dated 5 November 2014]

(aA)interferes with the rights of the tenant and landowner set out in sections 4A and 4B;

[Section 16(aA) inserted by section 17(b) of Notice No. 876, GG 38184, dated 5 November 2014]

(aB)fails to fulfil his or her obligations as landowner in terms of sections 4B(1)(c) and (11) respectively;

[Section 16(aB) inserted by section 17(b) of Notice No. 876, GG 38184, dated 5 November 2014]

(b)has been duly summonsed under section 13 and who fails, without sufficient cause—
(i)to attend at the time and place specified in the summons; or
(ii)to remain in attendance until excused by the Tribunal from further attendance;
(c)has been called upon, in terms of section 13(3)(f) and who refuses to be sworn or to make an affirmation as a witness;
(d)fails, without sufficient cause—
(i)to answer fully and satisfactorily any question lawfully put to any such person in terms of section 13(3);
(ii)to produce any book, document or object in any such person’s possession or custody or under any such person’s control which any such person was required to produce in terms of section 13(3)(e);
(e)with intent to deceive the Tribunal, produces before the Tribunal any false, untrue, fabricated or falsified book or document;
(f)wilfully furnishes the Tribunal with information, or makes a statement before the Tribunal, which is false or misleading;
(g)fails to comply with any ruling of the Tribunal;

[Section 16(g) substituted by section 17(c) of Notice No. 876, GG 38184, dated 5 November 2014]

(h)fails to comply with a request of the Tribunal in terms of section 13(3)(a)(b) or (c);
(hA)unlawfully locks out a tenant or shuts off the utilities to the rental housing property; or
(I)contravenes any regulation,

will be guilty of an offence and liable on conviction to a fine or imprisonment not exceeding two years or to both such fine and such imprisonment.

 

[Section 16 substituted by section 20 of Notice No. 876, GG 38184, dated 5 November 2014]