79. Less serious offences and their punishment

(1)     Any person who –

(a)     supplies the means or materials for, or assists in establishing, repairing, maintaining or working any still being made or made, imported, used, set up or in the possession or custody of any person without lawful authority;

(b)     is found without lawful excuse in any place where distillation is illegally carried on;

(c)     ……….

[Paragraph (c) deleted by section 56 of Act 45 of 1995]

(d)     ……….

[Paragraph (d) deleted by section 2 of Act 64 of 1974]

(e)     falsely holds himself or herself out to be an officer, or possesses or wears a customs uniform without being entitled to possess or wear such a uniform;

[Para. (e) substituted by section 17 of Act 21 of 2021 effective on 19 January, 2022]

(f)     resists or hinders an officer in the exercise of his powers or the performance of his functions under this Act; or

(g)     rescues any persons apprehended for any offence under this Act, or prevents the apprehension of any person who has committed any such offence,

shall be guilty of an offence and liable on conviction to a fine not exceeding R8 000 or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment.

[Subsection (1) amended by section 11 of Act 52 of 1986 and section 7 of Act 105 of 1992]

(2)     A person who is convicted of an offence referred to in subsection (1) within a period of three years after he was convicted of any offence referred to in that subsection shall be liable to a fine not exceeding R16 000 or to imprisonment for a period not exceeding four years, or to both such fine and such imprisonment.

[Subsection (2) amended by section 11 of Act 52 of 1986 and section 7 of Act 105 of 1992]