Adjustment of Fines Act, 1991

Act 101 of 1991

Adjustment of Fines Act, 1991

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History of this document

03 July 1991 this version
27 June 1991
Assented to

Cited documents 0

Documents citing this one 162

Act
9
Agriculture and Land · Environment, Climate and Wildlife · Human Rights · Infrastructure and Transportation · Public administration
Public administration
Human Rights
Labour and Employment
Uncommenced
Business, Trade and Industry · Finance and Money
Uncommenced
Business, Trade and Industry · Finance and Money
Business, Trade and Industry
Education · Environment, Climate and Wildlife · Infrastructure and Transportation · International Law · Public administration
Agriculture and Land · Environment, Climate and Wildlife
By-law
7
Repealed
Environment, Climate and Wildlife · Health and Food Safety · Public administration
Environment, Climate and Wildlife · Public administration
Health and Food Safety
Business, Trade and Industry · Environment, Climate and Wildlife · Public administration
Business, Trade and Industry
Environment, Climate and Wildlife · Public administration
Repealed
Business, Trade and Industry · Communications and Media · Environment, Climate and Wildlife · Finance and Money · Infrastructure and Transportation · Public administration
Judgment
5
Reported
Court upheld civil forfeiture under POCA: property was instrumental and forfeiture not disproportionate.
POCA — Chapter 6 civil forfeiture — meaning of "instrumentality of an offence" — property adapted and used over time to facilitate crime — sufficient causal/functional link required; Scope of POCA — Schedule 1 offences may fall within Chapter 6 as amended; Proportionality — forfeiture must not amount to arbitrary deprivation (s 25) or grossly punitive measure — weigh nature/gravity of offence, role of property, penalties already imposed, and public interest; Interaction with provincial statute — parallel criminal or confiscatory regimes are relevant to proportionality; Practicality — partial forfeiture of immovable property is problematic without evidence of feasible subdivision.
Municipality ordered to enforce planning/building laws; association interdicted from inducing shareholders to withhold company levies.
Town planning and land-use law – unlawful township development – private subdivision and use of agricultural land without township establishment – municipal duty to enforce land-use, zoning and building regulations; Companies/contract law – inducement to breach contractual obligations (withholding levies) – injunctionable conduct; Constitutional law – freedom of expression does not extend to inducing unlawful breaches of contract; Declaratory relief – inappropriate where multiple interested non-parties would be affected; Clean-hands doctrine – court may relax but takes conduct into account.
Short‑term commercial letting and event use of a Single Residential 1 dwelling is unlawful without municipal consent.
* Municipal and planning law – land use schemes – Saldanha Bay Municipal Integrated Zoning Scheme By‑Law – primary uses versus consent uses; tourism and holiday housing require municipal consent. * Zoning – Residential Zone 1 – 'dwelling house'/'dwelling unit' construed as residential living accommodation for one household; commercial short‑term letting and events not permitted without consent. * Ancillary use principle – uses not expressly provided for in scheme are not permitted where scheme provides specific consent categories (Rustenburg jurisprudence). * Neighbour enforcement – neighbouring owners may obtain interdicts for zoning contraventions; proof of imminent harm and lack of alternative remedy sufficient.
Reported
Misuse of section 112(1)(a) CPA produced incompetent sentences; five set aside and one sentence amended.
Criminal procedure – s112(1)(a) Criminal Procedure Act 51 of 1977 – summary conviction on bare plea; limits of sentencing under s112(1)(a) – direct imprisonment excluded; ministerial monetary cap (R5,000) on fines. Adjustment of Fines Act 101 of 1991 – applicable to calculate maximum fine where imprisonment maximum prescribed, but not to increase s112(1)(a) cap. Review – incompetent sentences set aside; conviction confirmed but sentence amended where required.
A s34(3) NEMA enquiry may yield discretionary disgorgement and, under s29(4) ECA, a cost-based commercial-value fine limited to fuel assets.
Environmental law – s22(1) ECA offences – applicability of s34(3) of NEMA – restorative disgorgement and discretionary enquiry; s34(3) triggers: environmental degradation, inability to obtain authorisation or inadequate subsequent authorisation; interpretation of s29(4) “commercial value” – cost-based approach limited to fuel-related assets (pre-2014 legal position); sentencing: combined s34(3) disgorgement and s29(4) fines for deterrence and protection of s24 constitutional rights.
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