WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
(iv) the board recommends that the application for the import certificate concerned be granted.
(4)
(a)
An import certificate shall be issued on the conditions determined by the administering
officer or, in the case of a product referred to in subsection (3) (b), the board.
(b) The further disposal of a product that is imported in bulk shall be subject to compliance with
the prescribed directions.
(5)
(a) A product that is imported into the Republic contrary to the provisions of subsection (1) or a
condition determined under subsection (4) (a), or in respect of which the prescribed directions referred
to in subsection (4) (b) have not been complied with, shall, at the option of the importer thereof–
(i) at the expense of such importer be removed by him from the Republic within such period
as the administering officer may determine;
(ii) with the approval of the administering officer and subject to such conditions as he may
determine, be treated or dealt with so that the product concerned thereafter complies with
the applicable provisions of this Act; or
(iii) be forfeited to the State, and thereafter destroyed.
(b)
If an importer fails to remove such product from the Republic within the period
determined in terms of paragraph (a) (i), or to comply with a condition determined in terms of
paragraph (a) (ii), that product shall be forfeited to the State, and thereafter be destroyed.
(c)
The State may recover any expenses incurred by it in connection with the destruction of a
product in terms of paragraph (a) (iii) or (b) from the importer concerned.
(6) A certificate of removal issued in terms of section 27A of the Wine, Other Fermented Beverages
and Spirits Act, 1957 (Act No. 25 of 1957), and in force immediately prior to the date of commencement of
this section, shall be deemed to be an import certificate which has been issued in terms of this section.
17. Restriction on the exportation of liquor products.–
(1)
(a)
No person shall export any product with an alcohol content of more than one percent for
drinking purposes, except on the authority of an export certificate issued by the administering officer.
(b)
The provisions of paragraph (a) shall not apply to–
(i) beer, sorghum beer and medicine referred to in section 4 (2); and
(ii) a liquor product exported for a prescribed purpose or to a prescribed country, or of which
a consignment does not exceed the prescribed volume.
(2) An application for an export certificate shall be made in the prescribed manner, and the
prescribed application fee shall be payable in respect thereof.
(3) An export certificate shall only be issued if–
(a) the product concerned is a liquor product or, in the case of another product, the exporter thereof
satisfies the administering officer that such other product may be sold for drinking purposes in
the country to which it is to be exported; and
(b) when required by regulation, the board has in the prescribed manner found the product concerned
to be suitable for export.
(4) The export of a product on the authority of an export certificate shall be subject to compliance
with the prescribed directions.
(5) An export certificate issued in terms of the regulations made under the Wine, Other Fermented
Beverages and Spirits Act, (Act No. 25 of 1957), and which is in force immediately prior to the date of
commencement of this section, shall be deemed to be an export certificate issued in terms of this section.
18. Powers of entry, investigation and sampling.–
(1)
(a)
The administering officer and an officer acting under a delegation or direction of the
administering officer may, whenever he deems it necessary in the exercising or carrying out by him of
ZA011EN
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
page 14 / 25