not less than thirty days after the publication of the notice, as may be specified in the
notice unless an appeal against his decision is lodged with the Registrar in writing
within one month of the date such notice is first advertised in the Gazette.
(4) If any appeal is lodged in terms of subsection (3), the Registrar shall notify the
Registrar of the Administrative Court and thereafter the Administrative Court Act
[Chapter 7:01] and any rules made thereunder shall apply in respect of such appeal.
(5) The Minister shall not issue a prohibition order until the expiry of the period
referred to in subsection (3) and if, during that period, an appeal is lodged in terms of
subsection (3), until the appeal is determined by the Administrative Court or the
Supreme Court, as the case may be, and, subject to the right of appeal in terms of
section 19 of the Administrative Court Act [Chapter 7:01], the decision of the appeal
board or of the Supreme Court shall be binding on the Minister.
(6) In this section—
“prohibition order” means an order referred to in subsection (1) or (1a)
[amended by Act 11 of 2001 with effect from 27th July, 2001.]
24
Offences and penalties
(1) Any person who—
(a)
contravenes or fails to comply with any provisions of or conditions
imposed under this Act; or
(b)
obstructs or hinders any seed inspector, seed analyst or other officer in
the exercise of his powers or the performance of his duties under this Act, or
(c)
fails to comply with an order made under paragraph (a) of subsection
(3) of section seventeen; or
(d)
contravenes an order in terms of subsection (1) of section twentythree; or
(e)
tampers with any sample taken in terms of this Act, with fraudulent
intent; or
(f)
makes use, in connection with any seed, of any certificate or other
document issued in respect of any other seed; or
(g)
makes any false or misleading statement in connection with any
seed—
(i)
in any advertisement thereof; or
(ii)
in the course of the sale thereof; or
(h)
sells any seed, upon the container of which a false or misleading
statement in connection with the contents thereof is printed or written; or
(i)
sells or supplies any seed which does not possess the properties
attributed to it when sold or supplied;
shall be guilty of an offence and liable—
(i)
in the case of a contravention of paragraph (b), to a fine not exceeding
one hundred dollars or to imprisonment for a period not exceeding six months or to
both such fine and such imprisonment; and
(ii)
in the case of any other contravention, to a fine not exceeding four
hundred dollars or to imprisonment for a period not exceeding twelve months or to
both such fine and such imprisonment.
(2) The court convicting any person of an offence under this Act may, upon the
application of the prosecutor, declare any seed in respect of which the offence has
been committed, and all seed of a similar nature to that in respect of which such
person has been convicted and of which such person is the owner or which are in his
possession, to be forfeited to the State.
(3) Any seed forfeited under this Act shall be destroyed or otherwise dealt with as the
Minister may direct.