No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
77
COMMUNICATIONS ACT, 2009
conviction liable to a fine not exceeding N$500 000 or to imprisonment for a period not
exceeding two years.
(3)
Any person who fails to comply with an enforcement order or any other
order or request that this Act authorises the Authority to make, is liable to a penalty
contemplated in section 115(4) and is guilty of an offence and liable to a fine not
exceeding N$100 000 or imprisonment for a period not exceeding two years.
(4)
An additional penalty or fine of N$10 000 for each day which an
offence referred to in this section continues may be imposed by the Authority or court
as the case may be.
(5)
Offences under this section may be prosecuted in the manner provided
in section 115.
Manner of prosecuting regulatory offences
115.
(1)
If the Authority is of the opinion that any person has committed
an offence referred to in section 114, it may issue a summons in the prescribed form,
which must –
(a)
state the offence that the person has allegedly committed;
(b)
contain allegations of fact which if proved will establish the offence
concerned;
(c)
indicate the penalty that the Authority intends to impose for the offence
concerned.
(2)
Within 30 days from the date of the service of a notice referred to in
subsection (1), the accused must deliver a notice to the Authority in the prescribed form
indicating whether he or she admits or denies the commission of the offence alleged in
the notice or whether he or she admits any other offence referred to in section 114.
(3)
If the accused admits the offence alleged in the notice or admits a
different offence and the Authority accepts that admission, the Authority must hold a
hearing within three months from the date of the admission by the accused in order to
determine the appropriate sanction or penalty.
(4)
After a hearing referred to in subsection (3) the Authority may –
(a)
impose a fine that does not exceed the fine which this Act determines to
be the maximum fine for the offence concerned (irrespective whether
the fine exceeds the fine indicated in terms of section (1)(c));
(b)
declare any telecommunications equipment or radio apparatus forfeited –
(i)
that has been used by the accused in the commission of the
offence concerned;
(ii)
whose possession is prohibited by this Act or otherwise
unlawful; or