National Credit Act, 2005 (Act No. 34 of 2005)
Chapter 8 : Enforcement of Act
Part B : Offences

156. Breach of confidence

1)        It is an offence to disclose any confidential information concerning the affairs of any person or juristic person obtained-

a)        in carrying out any function in terms of this Act; or

b)        as a result of initiating a complaint or participating in any proceedings in terms of this Act.

2)        Subsection (1) does not apply to information disclosed-

a)        for the purpose of the proper administration or enforcement of this Act;

b)        for the purpose of the administration of justice; or

c)        at the request of an inspector, regulator or member of the Tribunal entitled to receive the information.

157. Hindering administration of Act

It is an offence to hinder, oppose, obstruct or unduly influence any person who is exercising a power or performing a duty delegated, conferred or imposed on that person by this Act.

158. Failure to attend when summoned

A person commits an offence who, having been directed or summoned to attend a hearing-

a)        fails without sufficient cause to appear at the time and place specified or to remain in attendance until excused; or

b)        attends as required, but-

i)          refuses to be sworn in or to make an affirmation; or

ii)         fails to produce a book, document or other item as ordered, if it is in the possession of, or under the control of, that person.

159. Failure to answer fully or truthfully

A person commits an offence who, having been sworn in or having made an affirmation-

a)        subject to section 139(5), fails to answer any question fully and to the best of that person’s ability; or

b)        gives false evidence, knowing or believing it to be false.

160. Offences relating to regulator and Tribunal

1)        A person commits an offence who contravenes or fails to comply with an order of the Tribunal.

2)        A person commits an offence who-

a)        does anything calculated to improperly influence the Tribunal or a regulator concerning any matter connected with an investigation;

b)        anticipates any findings of the Tribunal or a regulator concerning an investigation in a way that is calculated to influence the proceedings or findings;

c)        does anything in connection with an investigation that would have been contempt of court if the proceedings had occurred in a court of law;

d)        knowingly provides false information to a regulator;

e)        defames the Tribunal or a member of the Tribunal, in their respective official capacities;

f)          wilfully interrupts the proceedings of a hearing or misbehaves in the place where a hearing is being conducted;

g)        acts contrary to a warrant to enter and search; or

h)        without authority, but claiming to have authority in terms of section 153-

i)          enters or searches premises; or

ii)         attaches or removes an article or document.

161. Penalties

Any person convicted of an offence in terms of this Act, is liable-

a)        in the case of a contravention of section 160(1), to a fine or to imprisonment for a period not exceeding 10 years, or to both a fine and imprisonment; or

b)        in any other case, to a fine or to imprisonment for a period not exceeding 12 months, or to both a fine and imprisonment.

162. Magistrate’s Court jurisdiction to impose penalties

Despite anything to the contrary contained in any other law, a Magistrate’s Court has jurisdiction to impose any penalty provided for in section 161.