Indigenisation and Economic Empowerment Act updated May 2011
(4) All levy payments shall be remitted to the Fund.
18 Failure to pay, collect or remit levies
(1) Any person who, being under an obligation to do so, without lawful excuse, fails or
refuses to pay, collect or remit any levy or any interest or surcharge connected therewith shall
be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
(2) The court convicting a person of an offence in terms of subsection (1) may, on the
application of the prosecutor, and in addition to any penalty that it may impose, give summary
judgment against the convicted person in favour of the Board, in its capacity as administrator of
the Fund, for the amount of any levy, interest or surcharge which the person concerned has been
convicted of failing or refusing to pay, collect or remit.
PART VI
GENERAL AND TRANSITIONAL
19 Minister may request information
(1) Every company or business to which the provisions of this Act apply shall, on the
written request of the Minister, furnish to him or her a copy of the company’s share register or
other document recording the shareholdings or similar interests of the members of that company
or owners of that business.
(2) Any company and any other business which, without reasonable excuse, refuses, fails,
or neglects to comply with the request made in terms of subsection (1) shall be guilty of an
offence and liable to a fine not exceeding level five.
20 Appeals
(1) If any person is aggrieved by—
(a) a decision by the Minister to disapprove a transaction in terms of section 4(2); or
(b) an order issued by the Minister in terms of section 5(2), (4) or(5); or
(c) his or her liability to pay any levy imposed under Part V;
he or she may, within thirty days after being notified of the decision or of the action being taken,
appeal to the Administrative Court.
(2) The noting of an appeal in terms of this section shall not, pending the determination of
the appeal, suspend the decision, order or other action appealed against unless the
Administrative Court directs otherwise.
21 Regulations
(1) The Minister after consultation with the Board, may make regulations providing for any
matters which by this Act are required or permitted to be prescribed or which, in his or her
opinion, are necessary or convenient to be provided for in order to carry out or give effect to this
Act.
(2) Regulations made in terms of subsection (1) may provide for offences and penalties
which may be imposed for contraventions of the regulations, which penalties shall not exceed a
fine of level twelve or imprisonment for a period not exceeding five years or both such fine and
such imprisonment.
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