Chapter 7: Remedies and Enforcement
Part D: Complaints to Commission or Panel
s175: Administrative fines
- (1) A court, on application by the Commission or Panel, may impose an administrative fine:
- (a) only for failure to comply with a compliance notice, as contemplated in section 171(7); and
- (b) not exceeding the greater of:
- (i) 10% of the respondent's turnover for the period during which the company failed to comply with the compliance notice; and
- (ii) the maximum prescribed in terms of subsection (5).
- (2) When determining the amount of an appropriate administrative fine, the following factors must be considered:
- (a) The nature, duration, gravity and extent of the contravention;
- (b) any loss or damage suffered as a result of the contravention;
- (c) the behaviour of the respondent;
- (d) the market circumstances in which the contravention took place;
- (e) the level of profit derived from the contravention;
- (f) the degree to which the respondent has co-operated with the Commission or Panel, as the case may be, and the court; and
- (g) whether the respondent has previously been found in contravention of this Act.
- (3) For the purpose of this section, the annual turnover of any person, is the amount determined in the prescribed manner.
- (4) A fine payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution.
- (5) The Minister may make a regulation prescribing the maximum amount of an administrative fine, which amount must be not less than R1 000 000
Related Sections
s171: Issuance of compliance notice
Related Regulations
R163: Maximum administrative fines
R164: Manner of calculating assets and turnover
Related Notes
No related note.
Related Forms
No related forms.