WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
(l)
the permissible tolerances with regard to prescribed requirements, specifications or other
directions,
and, generally, with regard to any matter which he considers it necessary or expedient to prescribe in
order to achieve or to promote the objects of this Act, and the generality of this provision shall not be
limited by the preceding paragraphs of this subsection.
(2) Different regulations which differ in the respects deemed expedient by the Minister, may, subject
to the provisions of this Act, be made under this section, in relation to different areas in the Republic or of
different liquor products or classes thereof.
(3) A regulation may for any contravention thereof or failure to comply therewith, prescribe a
penalty which shall not exceed a fine of R2 000 or imprisonment for a period of six months or both that fine
and that imprisonment.
(4) A regulation prescribing fees shall be made with the concurrence of the Minister of Finance.
28. Discretionary powers.–
(1) When the administering officer or the board considers any application or request made under or
by virtue of this Act or a scheme, he or the board may make any investigation or inquiry in connection
therewith which may be deemed necessary, and for the purposes of such investigation or inquiry demand that
such documents, information or samples as may be specified, be submitted to him or the board.
(2) Whenever a regulation or a scheme specifies any period within which anything is to be done or
performed, the administering officer or the board, as the case may be, may extend the period concerned, either
before or after the period has expired.
(3) Any approval, authorization or consent given or granted under or by virtue of this Act or a
scheme may, except where expressly provided otherwise–
(a) be made subject to such conditions as the administering officer or the board, as the case may be,
may in each case determine; and
(b) be amended or withdrawn by the administering officer or the board, as the case may be, if he
deems it expedient.
(4) If the administering officer or the board, by virtue of a power vested in him or the board by or
under this Act or a scheme–
(a) refuses to approve an application or a request which was submitted to him in writing; or
(b) amends or withdraws an approval, authorization or consent as contemplated in subsection (3) (b),
he shall notify the applicant concerned in writing of his decision and of the grounds on which it is
based.
29. Delegation of powers.–
(1) The Minister may, subject to such conditions as he may impose, in writing delegate any power
conferred on him by this Act, excluding a power referred to in sections 14 and 27, to an officer employed by
the department, but shall not be divested of any power so delegated and may set aside or amend any decision
of the delegate made in the exercise of such a power.
(2) The Director–General may, subject to such conditions as he may impose, in writing delegate any
power conferred on him by this Act to an officer employed by the department, but shall not be divested of
any power so delegated and may set aside or amend any decision of the delegate made in the exercise of such
a power.
30. Defects in form.–A defect in the form of any document which in terms of any law is required to be
executed in a particular manner, or in a document issued in terms of this Act or a scheme, shall, if the
document substantially complies with the applicable legal requirements, not render unlawful any
administrative act performed in terms of this Act or a scheme in respect of the matter to which such document
relates, and shall not be a ground for exception to any legal procedure which may be taken in respect of such
matter.
31. Limitation of liability.–No person, including the State, shall be liable in respect of anything done
or omitted in good faith in the exercise of a power or the carrying out of a duty or the performance of a
ZA011EN
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
page 20 / 25