Provided that the Commissioner may direct that in lieu of being sold the thing shall be
destroyed or shall be appropriated to the Government:
Provided further that if such thing is of a perishable or dangerous nature the Commissioner may direct the sale or destruction of it before condemnation.
Admission of guilt.
91. (1) If any person —
(a) has, in the opinion of the Commissioner, contravened any provision of this Act
or failed to comply with any such provision with which it was his duty to comply;
(Amended A.10/1978.)
(b) agrees to abide by the Commissioner‟s decision; and
(c) deposits with the Commissioner such sum as the Commissioner may require of
him but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question or makes such arrangement or
complies with such conditions with regard to securing the payment of such sum
as the Commissioner may require,
the Commissioner may, after such enquiry as he deems necessary, determine the matter
summarily and without legal proceedings order forfeiture by way of penalty of the whole or a
part of the amount so deposited or secured.
(2) Anything done for the purposes of subsection (1) by an agent generally or specifically authorized thereto by any person shall be deemed to have been duly done by that person in terms of that subsection.
(3) There shall be a right of appeal to the Minister from any determination or order of
the Commissioner under subsection (1) whereby a penalty exceeding one thousand emalangeni is imposed, and the Minister‟s decision on any such appeal shall be final. (Amended
A.10/1978; A.5/1991.)
(4) Subject to section 62(3) the imposition of a penalty under subsection (1) shall not
be regarded as a conviction in respect of a criminal offence, but no prosecution for the relevant offence shall thereafter be competent.
(5) Nothing in this section shall in any way affect liability to forfeiture of goods or payment of duty or other charges thereon.
Payment and disposal of fines and penalties.
92. Any fine or penalty recovered under this Act shall be paid to the controller in the area
where such fine or penalty is recovered, and shall be paid by him into the Consolidated
Fund, and the proceeds of sale of anything forfeited or seized or condemned under this Act
shall also be paid into such fund: