CHAPTER 20

ENFORCEMENT OF ACT

Offences

298. (1) A person is guilty of an offence if that person―

(a) commits an act in contravention of the prohibition set out in section 12(3);

(b) contravenes a provision of section 32(4), 74, 95, 116(1), 123(1), (2) or (3), 127, 133(1), 137, 138, 139(3), 249, 250(1), 252, 272, [283(1)], 294, 295 or 296;

(c) fails to comply with a provision of section 57(2), 89, 105(1), 124, 126(1), 134(1), 140, 178 or 226;

(d) fails to comply with a request in terms of section 57 (1);

(e) misappropriates money for which that person is accountable in terms of section 136(3);

(f) fails to comply with section 78(1), 95(1), 196(1) or 215(1) after that person has been instructed by way of a notice of enforcement in terms of section 80, 99, 198 or 217 to comply with the relevant section;

(g) fails to stop operating an unregistered child and youth care centre, partial care facility, shelter or drop-in centre after that person has been instructed by way of a notice of enforcement in terms of section 80, 198 or 217 to stop operating that child and youth care centre, partial care facility, shelter or drop-in centre;

(h) fails to stop providing early childhood development services after that person has been instructed by way of a notice of enforcement in terms of section 99 to stop providing those services;

(i) directly or indirectly counsels, induces or aids any child to whom leave of absence has been granted in terms of section 168 not to return to the child and youth care centre or person in whose care or temporary safe care that child has been placed, or prevents the child from returning to that centre or person after the expiration of the period of leave or after the cancellation of such leave;

(j) remove a child in alternative care from the Republic without the prior written approval for such removal first being obtained in terms of section 169;

(k) knowing that a child in alternative care has absconded from or failed to return to that care, directly or indirectly counsels, induces or aids that child not to return to such care, or harbours or prevents the child from returning to that care;

(l) hinders or obstructs―

(i) a police official or designated social worker in the execution of a warrant issued in terms of section 151(2);

(ii) a police official, social worker or authorised officer when removing a child to temporary safe care in terms of section 152(1);

(iii) a police official, social worker or authorised officer when apprehending a child who has absconded from alternative care in terms of section 170(1);

(m) hinders or interferes with a person in the execution of official duties in terms of section 297;

(n) fails to comply with a request of a person in the execution of his or her official duties in terms of section 50(4) or section 297 or furnishes false or misleading information to such a person when complying with such a request;

(o) falsely professes to be a person authorised in terms of section 50(4) or 297 or an assistant of such a person;

(p) has been issued with a written notice as contemplated in section 153(1) and―

(i) refuses to leave the home or the place where the child resides; or

(ii) has contact with the child in contravention of the written notice; or

(q) contravenes or fails to comply with an order of a High Court, Divorce Court in a divorce case and children’s court issued in terms of this Act, including section 153(6), or contravenes or fails to comply with any condition contained in such order.

(r) commits an act in contravention of the prohibition set out in section 285(1).

(s) commits an act in contravention of the prohibition set out in section 284(1).

(2) A person unfit to work with children is guilty of an offence if that person –

(a) operates or assists in any way in operating a partial care facility, child and youth care centre or a shelter or drop-in centre;

(b) assumes the foster care, kinship care or temporary safe care of a child; or

(c) applies for the foster care, kinship care, temporary safe care or adoption of a child.

(3) A parent or care-giver of a child is guilty of an offence if that parent or care-giver –

(a) abuses or deliberately neglects the child; or

(b) abandons the child.

(4) A person who is legally liable to maintain a child is guilty of an offence if that person, while able to do so, fails to provide the child with adequate food, clothing, lodging and medical aid.

(5) A person who is the owner, lessor, manager, tenant or occupier of any premises on which the commercial sexual exploitation of a child has occurred is guilty of an offence if that person, within a reasonable period of gaining information of that occurrence, fails to report the occurrence to the South African Police Service.

(6) A person convicted of an offence in terms of subsection (1)(a) – (r), (2), (3), (4) or (5) is liable to a fine as may be determined in terms of applicable legislation, or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.

(7) A person convicted of an offence in terms of subsection (1)(s) is, in addition to any other offence of which he or she may be convicted, liable to a prescribed fine or imprisonment for a period not exceeding 20 years or to both such fine and such imprisonment.