WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
(2) Such person may remove any quantity of a liquor product, material, substance or other article, or
any book or document, so seized, from the place, premises or conveyance where he seized it, or leave it
thereon and, if he deems it necessary, attach such identification mark or seal as he may deem necessary on
such liquor product, material, substance or other article or the container thereof, or on such book or
document.
(3)
(a)
The administering officer or the board, as the case may be, may–
(i) grant authority that a liquor product, material, substance or other article seized in terms of
subsection (1), may within the period and in the manner specified in such authorization, be
treated or dealt with;
(ii) if the said officer or the board is satisfied that the cause for the seizure concerned has
been removed by such treatment or action, return the liquor product, material, substance
or other article to the person from whom it was seized.
(b)
If no criminal proceedings are instituted in connection with a liquor product, material,
substance or other article seized in terms of subsection (1), or if it appears that such liquor product,
material, substance or other article is not required at the trial for purposes of evidence or an order of
court, that liquor product, material, substance or other article shall be returned to the person from
whom it was seized.
20. Analysis of samples.–
(1)
(a)
The Director–General may designate a person qualified by technical training, possessing
adequate knowledge, skill and experience, and having adequate facilities at his disposal, as an analyst
for the purposes of the provisions of this Act or a scheme.
(b)
The designation of a person as an analyst in terms of section 28 of the Wine, Other
Fermented Beverages and Spirits Act, 1957, (Act No. 25 of 1957), shall, if in force immediately prior
to the date of commencement of this section, be deemed to have been done in terms of paragraph (a).
(2) Each sample submitted to an analyst in terms of section 18 (4) shall be tested, examined or
analysed by him in accordance with the prescribed methods.
(3) An analyst shall–
(a) record the results of such test, examination or analysis on a certificate determined for this
purpose by the administering officer or the board, as the case may be; and
(b) furnish the original of such certificate to the person referred to in section 18 (1) by whom the
sample concerned was taken.
(4) No person shall use a certificate referred to in subsection (3), or any results recorded on such
certificate, in any manner whatsoever for the purposes of any advertisement.
21. Secrecy.–
(1) No person shall, except for the purpose of the performance of his functions under this Act or a
scheme, or for the purpose of legal proceedings under this Act, or when required to do so by any competent
court or under any law, or with the written consent of the Minister, disclose to any other person any
information acquired by him in the performance of his functions under this Act or a scheme and which relates
to the business or affairs of any person, or use such information for self–gain or for the benefit of his
employer.
(2) No person shall, except with the written consent of the Minister, give access to any person other
than a person referred to in section 18 (1) or a person entitled thereto in terms of any law, to any records or
registers kept in terms of this Act or a scheme.
22. Appeals.–
(1) Any person whose interests are affected by any decision or direction of the administering officer
or the board under this Act or a scheme, may appeal against such decision or direction to an appeal board
appointed by the Director–General for this purpose.
ZA011EN
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
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