INTERNATIONAL TRADE ZONE ACT, 1995

PART VII
OFFENCES, PENALTIES AND PROSECUTION

48. (1) A person who —

(a) fails to produce or submit any record, document or return or furnish information when required under these Regulations or by the Authority;

(b) furnishes false or misleading information to the Authority or any person authorised by the Authority under these Regulations;

(c) intentionally obstructs, or hinders the Authority or any person authorised by the Authority under these Regulations;

(d) without reasonable excuse, fails to comply with any directions given by the Authority or any conditions attached to any permit issued under these Regulations;

(e) fails to inform or notify the Authority or any person authorised by the Authority in accordance with the provisions of these Regulations;

(f) without reasonable excuse, fails to comply with a decision of the Minister made on an appeal under regulation 39;

(g) contravenes regulation 40(1);

(h) alters or modifies any record, document or other return issued by any person, or required to be kept, under these Regulations,

is guilty of an offence.

(2) An employer who —

(a) contravenes regulation 11(2), regulation 15(1), regulation 24(3), regulation40(2), regulation 43; or

(b) fails to give a worker copy of the contract of employment under regulation 8(3);

(c) employs or retains in employment a worker without intending to pay or without having reasonable grounds for believing that the employer can pay the wages of the worker as they become payable;

(d) without reasonable excuse, fails on demand to pay in accordance with regulation 13 any wages due to a worker;

(e) makes any deduction from wages other than that authorised under regulation 14 or regulation 30(2)(b)(ii);

(f) in the case where a mandatory wage or allowance is prescribed, pays a worker a wage or allowance other than mandatory wage or allowance;

(g) fails to provide a worker with any of the applicable conditions of employment prescribed under regulation 20(1);

(h) fails to comply with a determination of the Authority in accordance with regulation 30(2)(a)(ii) or regulation 30(2)(b)(i);

(i) fails to pay any compensation due under regulation 31;

(j) knowingly gives or causes to be given a false certificate of employment to a worker;

(k) fails to make a worker available for interrogation by the Authority under regulation 46 (d), is guilty of an offence.

(3) Where an employer is convicted of an offence under subregulation (2) (e) and (f) for having paid a lesser wage or allowance than that which the employer ought to have paid, the court shall order the employer to pay to the worker the difference between the amount paid and that which ought to have been paid.

49.(1) A person who is convicted of an offence under regulation 48, other than an offence specified in subregulation (2) of this regulation, is liable to a fine of R20,000.

(2) A person who is convicted of an offence under regulation 48(2)(a) or under regulation 48(1)(f), is liable to a fine of R.40,000.

(3) Where an offence of which a person is convicted under subregulation (1) or subregulation (2) is of a continuing nature and that offence is continued after a conviction therefor, the person so convicted is guilty of a further offence for everyday on which the offence is so continued by the person and is liable to a mandatory daily penalty of R200, in addition to any penalty imposable for the farther offence.

(4) Notwithstanding subregulation (1 ),(2) or (3) or any other written law, where an offence of which an employer is convicted under these Regulations relates to or affects more than one worker, the fines and mandatory daily penalty imposable under the preceding provisions of this regulation may be imposed in respect of each worker.

(5) Notwithstanding any other written law. a penalty imposed on a person convicted of an offence under these Regulations shall be without prejudice to the liability of the person to paycompensation or any other sum for contravening a provision of these Regulations.

50.(1) Without prejudice to regulation 45(1), no prosecution for an offence under these Regulations is commenced without the consent in writing of the Authority.

(2) A prosecution for an offence under these Regulations may be conducted by the Authority.

(3) Nothing in this regulation derogates from the powers of the Attorney-General in respect of the prosecution of criminal offences.

(4) Wherever any person is convicted of an offence under these Regulations and in connection with that offence moneys, whether consisting of wages, compensation, benefits earned, payment in lieu of notice or otherwise, are due and payable to another person in respect of whom the offence has been committed, the court shall, in addition to any penalty imposable under these Regulations order the person convicted to pay to the other person the moneys due.

51. In any proceedings for an offence under these Regulations which related to an authority, approval, decision or determination of the Authority, that authority, approval, decision or determination shall, subject to any orders made in the exercise of the supervisory jurisdiction of the Supreme Court, not be called in question and shall, if given under the hand of the Minister be conclusive evidence of the same without proof being given of the signature of the signatory.

52.(1) Whenever a manager, agent or another worker of any employer does or omits to do an act which it would be an offence under these Regulations for the employer to do or omit to do, unless it is proved that —

(a) in doing or omitting to do that act, the manager, agent or other worker was acting without the connivance and permission of the employer;

(b) all reasonable steps were taken by the employer to prevent any act or omission of the kind in question; and

(c) it was not under any condition or in any circumstances within the scope of the authority, or in the course of the employment, of the manager, agent or worker to do or omit to do the act, whether lawful or unlawful, of the character of the act or omission charged,

the employer shall be presumed to have done or omitted to do that act and be liable to be convicted and sentenced in respect of it.

(2) Whenever any manager, agent or other worker of an employer does or omits to do an act, which it would be an offence under these Regulations for the employer to do or omit to do, the manger, agent or other worker is liable to be convicted and sentenced in respect thereof as if the manger, agent or other worker were the employer and may be so convicted and sentenced in addition to the employer-