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No. 30178
Act No. 10,2007
GOVERNMENT GAZETTE. 16 AUGUST 2007
SOUTH AFRICAN RED CROSS SOCIETY
AND LEGAL PROTECTION OF CERTAIN EMBLEMS ACT, 2007
is authorised by the Minister or, in respect of the South African National
Defence Force, the Minister of Defence to make use of an emblem;
(d) is otherwise authorised by the Conventions to make use of an emblem; or
(e) uses the emblem, imitation or words for the purposes of bonafide research at
a recognised educational or research institution or for the purposes of bona 5
fide reporting in the news media.
(2) Any person who contravenes subsection (I) is guilty of an offence and on
conviction liable to a fine or to imprisonment for a period not exceeding five years or to
both a fine and such imprisonment.
(3) (a) When an offence contemplated in subsection (2) has been committed for which 10
any corporate body is or was liable to prosecution, any person who was, at the time of
the commission of the offence, a director or member of the management the corporate
body and who knew of or could have prevented the commission of the offence, is guilty
of the said offence, either jointly with the corporate body or apart therefrom, and on
conviction liable to the punishment provided for in that subsection.
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(b) Section 332 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), with the
exception of subsections (2)(e), (5), (7), (8) and (9) thereof, applies with the necessary
changes in respect of any prosecution of a corporate body or director or member of the
management thereof for an offence contemplated in this section.
(e)
Seizure of certain article or thing
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10. The State may seize any article or thing used in contravention of this Act, and
Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the
necessary changes in respect of any such article or thing.
PART 4
General provisions
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Delegations and assignments
11. (I) (a) Subject to subsection (2), the Minister and the Minister of Defence may
delegate any power and assign any duty conferred or imposed upon them in terms of this
Act to officers in their respective Departments.
(b) The Minister and the Minister of Defence are not divested of any power or 30
relieved of any duty so delegated or assigned.
(2) The power to make regulations under section 12 may not be delegated.
Regulations
12. The Minister may make regulations that are not in conflict with this Act or the
Conventions regarding35
(a) civilian persons authorised to employ an emblem during a time of armed
conflict;
(b) civilian persons authorised to employ an emblem during times of peace;
(c) generally any ancillary or administrative matter regarding an emblem
necessary or expedient to prescribe in order to give effect to this Act and the 40
Conventions.
Effect of Act on Implementation of the Rome Statute of the International Criminal
Court Act, 2002
13. The provisions of this Act must not be construed as limiting, amending, repealing
or otherwise altering any provision of the Implementation of the Rome Statute of the 45
International Criminal Court Act, 2002 (Act No. 27 of 2002), or as exempting any
person from any duty or obligation imposed by that Act or prohibiting any person from
complying with any provision of that Act.