Klass Looch Associates

Employer OHS Champion since 1986 

MHS Act. Section 92. Penalties

(1)  Any person convicted of an offence in terms of section 87, may be sentenced to a fine or to imprisonment to be determined by the court.

 (2)  Any person convicted of an offence in terms of section 90(a) or (b)(i), may be sentenced to the penalty applicable to a similar offence in a magistrate's court.

 (3)  Any person convicted of an offence in terms of section 90(c)(ii), may be sentenced to any penalty that may be imposed in law for perjury.

 (4)  Any person convicted of an offence in terms of this Act for which no penalty is otherwise expressly determined, may be sentenced to a fine or to imprisonment for a period not exceeding six months.

 (5)  Any person convicted of an offence in terms of any section mentioned in Column 1 of Table 1 of Schedule 8 may be sentenced to a fine or to imprisonment for a period not exceeding the period mentioned in Column 2 of that Table opposite the number of that section.

(6)  Any owner convicted of an offence in terms of section 86 or 86A may be sentenced to -

(a)  withdrawal or suspension of the permit; or

(b)  a fine of three million rands or a period of imprisonment not exceeding five years or to both such fine or imprisonment.

(7)  In the event of a conviction, the court may, in addition to imposing a sentence in respect of the offence and making an order, order the person convicted to -

(a)  repair any damage caused, to the satisfaction of the Chief Inspector of Mines, and

(b)  comply with a provision of this Act within a specified period of time.