Enforcement Committee

Enforcement Committee Members

Judge Thokozile Masipa

Mr. Francois Beukman

Ms. Palesa Kadi

Ms. Nalini Maharaj


The functions of the Enforcement Committee are set out in section 6B (1)(a) of the FP Act, which states that the Enforcement Committee shall:

3.1. Investigate all cases referred to it by the FPB for adjudication in respect of noncompliance with any provision of the FP Act by a distributor, exhibitor or any other person to whom the Act applies, except persons to whom sections 24A, 24B, 24C and 27A (2),(3) and (4) apply;

3.2. Adjudicate all cases and make appropriate findings, after the FPB and the respondent have been heard or granted a reasonable opportunity to be heard;

3.3. Hear evidence under oath or affirmation or evidence by affidavit and come to a finding when it is convinced on a consideration of all the facts before it that such a finding is fair, reasonable and justified;

3.4. Where appropriate:

3.4.1. Impose a fine;

3.4.2. As prescribed, suspend a registration certificate; or

3.4.3. Through the FPB, refer a matter to the National Director of Public Prosecutions for prosecution and, in such a case, the Enforcement Committee shall not make a finding; and

3.5. Where a fine is not paid, at the instance of the Chief Executive Officer of the FPB, apply to a court for the enforcement of such a fine as a civil debt to the FPB.

4. The Enforcement Committee is therefore a quasi-judicial body noting that it has partly judicial characteristics where it is empowered to conduct investigations on claims which are disputed, hold hearings, assess the veracity of contraventions of the provisions of legislations and regulations and impose sanctions where they have established such contraventions in a similar fashion as courts.

Pin It on Pinterest

Share This