- Government
Gazette
14892
-
STATE
PRESIDENT'S
OFFICE
-
- No.
1111.
-
25
June
1993
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
information:-
-
- NO.
71
OF
1993:
PRICE
CONTROL
AMENDMENT
ACT,
1993.
GENERAL
EXPLANATORY
NOTE:
-
Words
in
bold
type
indicate
omissions
from
existing
enactments.
Words
in
italics
indicate
insertions
in
existing
enactments.
-
ACT
-
- To
amend
the
Price
Control
Act,
1964,
so
as
to
amend
or
delete
certain
definitions;
to
repeal
the
provisions
relating
to
the
control
of
prices;
to amend
or
delete
certain
obsolete
expressions;
and
to
replace
the
short title;
and
to
provide
for
matters
connected
therewith.
-
(English
text
signed
by
the
State
President.)
(Assented
to
17
June
1993.)
-
BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic
-
of
South
Africa,
as
follows:-
-
- Amendment
of
section
1
of
Act
25
of
1964,
as
amended
by
section
1
of
Act
80 of
1967,
section
1
of
Act
39
of
1976,
section
17
of
Act
60
of
1985
and section
2
of
Act
6
of
1992
-
- 1.
Section
1
of
the
Price
Control
Act,
1964
(hereinafter
referred
to
as the
principal
Act),
is
hereby
amended-
-
- (a)
by
the
substitution
for
the
definition
of
"controller"
of
the following
definition:
-
- "
'controller'
means
the
Price
Controller
appointed
under
section 2;";
-
- (b)
by
the
deletion
of
the
definition
of
"Gazette";
-
- (c)
by
the
substitution
for
the
definition
of
"Minister"
of
the
following
definition:
-
- "
'Minister'
means
the
Minister
of
Economic
Affairs
-
Trade
and
Industry;";
and
-
- (d)
by
the
substitution
for
the
definition
of
"sell"
of
the
following
definition:
-
- "
'sell'
includes
agree
to
sell,
or
mark
with
a
selling
price,
or offer
or
attempt
to
sell,
or
keep,
expose,
display
or
advertise
for sale,
or
deliver
in
pursuance
of
a
sale,
or
deliver
or
dispose
of for
any
consideration,
or
sell
by
auction
or
by
way
of
an
a
credit
agreement
as
defined
in
the
Hire
Purchase
Act,
1942
(Act
No.
36
of
1942)
Credit
Agreements
Act,
1980
(Act
No.
75
of
1980),
the
date
of
any
such
credit
agreement
being
deemed
to
be
the
date
of
sale,
and
'sale'
shall
have
a
corresponding
meaning;".
-
- Substitution
of
section
2
of
Act
25
of
1964
-
- 2.
The
following
section
is
hereby
substituted
for
section
2
of
the principal
Act:
-
- "Appointment
of
Controller
-
- 2.
The
Minister
may,
subject
to
the
laws
governing
the
public
service,
appoint
a
Price
Controller,
who
shall,
subject
to
the control
of
the
Minister,
perform
such
functions
and
exercise
such powers
as
may
be
assigned
to
or
conferred
upon
him
by
this
Act.".
-
- Substitution
of
section
3
of
Act
25
of
1964
-
- 3.
The
following
section
is
hereby
substituted
for
section
3
of
the principal
Act:
-
- "Designation
of
deputy
controllers,
supervisors
and
inspectors
-
3.
The
controller
may
designate
any
officers
in
the
public
service- (a)
as
deputy
price
controllers,
who
shall,
subject
to
his
-
control,
perform
such
functions
and
exercise
such
powers
as
he
may delegate
to
them;
-
- (b)
as
price
control
supervisors
or
inspectors,
who
shall,
subject
to
the
control
of
the
controller,
perform
such
functions
and exercise
such
powers
as
may
be
assigned
to
or
conferred
upon
them
by this
Act.".
-
- Repeal
of
section
4
of
Act
25
of
1964
-
- 4.
Section
4
of
the
principal
Act
is
hereby
repealed.
Amendment
of
section
7
of
Act
25
of
1964
-
5.
Section
7
of
the
principal
Act
is
hereby
amended-
-
- (a)
by
the
deletion
of
paragraph
(a);
and
-
- (b)
by
the
substitution
for
subparagraph
(i)
of
paragraph
(c)
of
the following
subparagraph:
-
- "(i) with
the
maximum
price
at
which
such
goods
may be
are
sold
to
any
person
or
to
any
person
of
a
-
specified
class
by
any
dealer
or
any
particular
dealer
or
any dealer
of
a
specified
class;".
-
- Amendment
of
section
9
of
Act
25
of
1964,
as
substituted
by
section
5
of
-
Act
80
of
1967
and
amended
by
section
2
of
Act
39
of
1976
-
- 6.
Section
9
of
the
principal
Act
is
hereby
amended-
-
(a)
by
the
substitution
for
subsection
(1)
of
the
following
subsection:
"(1) The
controller
may
from
time
to
time
by
notice
in
the
Gazette
-
or,
with
the
authority
of
the
Minister,
in
the
case
of
any
-
particular
person,
by
notice
in
writing
prohibit
the
sale
of
any
-
goods
or
the
rendering
of
any
service
subject
to
conditions
specified in
the
notice,
or
the
refusal
to
sell
any
goods
or
render any
service
except
subject
to
conditions
so
specified,
or
impose
in respect
of
the
sale
of
any
goods
or
the
rendering
of
any
service such
conditions
as
he
may
think
fit
whether
the
maximum
price
for the
sale
of
such
goods
or
the
maximum
charge
for
the
rendering
of such
services
has
been
fixed
under
this
Act
or
not.";
and
-
- (b)
by
the
addition
of
the
following
subsections:
-
- "(7)
If
any
person
has
been
convicted
on
a
charge
of
selling
any
goods
contrary
to
a
prohibition
imposed
under
this
section
in
that he
required
the
purchaser
of
any
particular
goods
to
comply
with
a
condition
that
the
purchaser
purchase
from
him
or
from
any
other
person
other
goods
in
addition
to
such
particular
goods,
the
-
controller
may,
upon
application
by
such
purchaser,
order
the
person
who sold
such
other
goods
to
pay
to
the
purchaser
the
price
he
paid for
such
other
goods.
-
- (8)
When
the
controller
has
made
an
order
under
subsection
(7)
he shall
forward
a
certified
copy
thereof
to
the
clerk
of
a
magistrate's
court,
and
thereupon
such
order
shall
have
the
effect
of a
civil
judgment
of
that
magistrate's
court.".
-
- Repeal
of
section
10
of
Act
25
of
1964
-
- 7.
Section
10
of
the
principal
Act
is
hereby
repealed.
-
- Amendment
of
section
11
of
Act
25
of
1964,
as
amended
by
section
6
of
Act
-
80
of
1967
-
- 8.
Section
11
of
the
principal
Act
is
hereby
amended
by
the substitution
in
paragraph
(a)
for
the
words
preceding
subparagraph
(i)
of the
following
words:
"require
any
person
purchasing
any
goods
for
resale
or for
use
in
the
processing,
manufacture
or
production
of
any
class
of
goods for
sale,
to
keep
in
one
of
the
official
languages
of
the
Republic
or,
-
in
the
case
of
the
territory
of
South-West
Africa,
in
one
of
such
languages
-
or
the
German
language".
-
- Substitution
of
section
13
of
Act
25
of
1964,
as
amended
by
section
3
of
-
Act
39
of
1976
-
- 9.
The
following
section
is
hereby
substituted
for
section
13
of
the principal
Act:
-
- "Powers
of
supervisors
and
inspectors
-
13.
(1)
Any
price
control
supervisor
or
inspector
may
for
-
- the
purpose
of
enquiring
whether
the
provisions
of
this
Act
or
any notice
issued
thereunder
has
been
complied
with
or
for
the
purpose
of gathering
such
information
as
the
controller
may
desire-
-
- (a)
order
any
person
who
renders
or
has
rendered
any
service,
or
who supplies,
produces,
manufactures,
sells,
handles
or
deals
in,
or
-
has
supplied,
produced,
manufactured,
sold,
handled
or
dealt
in,
any goods,
or
any
servant
or
agent
of
such
person-
-
- (i) to
produce
to
such
the
supervisor
or
-
inspector
any
goods,
book,
record,
list,
ticket
or
document
-
in
possession
or
custody
or
under
the
control
of
such
person,
-
servant
or
agent;
-
- (ii) to
furnish
such
supervisor
or
inspector
at
such
place
and in
such manner
as
he
may
specify,
with
such
information
relating
to
such
goods,
service,
book,
record,
list,
ticket or
document,
as
such
supervisor
or
inspector
may
specify;
-
- (b)
examine
or
make
extracts
from
or
copies
of
any
such
book,
record, list,
ticket
or
document;
-
- (c)
seize
and
take
possession
of
any
such
goods,
book,
record,
list, ticket
or
document.
-
(2)
Any
price
control
supervisor
or
inspector
shall
furnish
-
the
owner
of
anything
seized
and
taken
possession
of
under
subsection
-
(1)
with
a
receipt.
-
- (3)
No
person
may
refuse
to
comply
with
any
order
under
this section
on
the
ground
that
in
so
complying
he
may
incriminate
himself.
-
- (4)
The
provisions
of
this
section
shall
not
entitle
a
supervisor
or inspector
to
demand
from
any
person
the
production
of
a
balance
sheet or
a
manufacturing,
trading
or
profit
and
loss
account
unless specially
authorized
thereto
by
the
controller.".
-
- Repeal
of
section
14
of
Act
25
of
1964
-
- 10.
Section
14
of
the
principal
Act
is
hereby
repealed.
-
- Amendment
of
section
16
of
Act
25
of
1964,
as
amended
by
section
1
of
Act
-
16
of
1984
-
- 11.
Section
16
of
the
principal
Act
is
hereby
amended
by
the
deletion of
subsection
(1).
-
- Amendment
of
section
18
of
Act
25
of
1964,
as
amended
by
section
5
of
Act
-
39
of
1976
-
- 12.
Section
18
of
the
principal
Act
is
hereby
amended-
(a)
by
the
deletion
of
paragraphs
(a),
(b),
(c)
and
(d);
-
(b)
by
the
substitution
for
paragraph
(e)
of
the
following
paragraph:
-
- "(e)
contravenes
or
fails
to
comply
with
any
provision
of
a
notice issued
under
section
5,
6,
7,
8,
9
10or
11;"
-
(c)
by
the
substitution
for
paragraph
(j)
of
the
following
paragraph: -
- "(j)
falsely
represents
himself
to
be
a
price
control
-
supervisor
or
inspector,";
and
-
- (d)
by
the
substitution
for
the
words
following
upon
paragraph
(j)
of the
following
words:
-
- "shall
be
guilty
of
an
offence
and
liable
on
conviction
to
a
fine,
-
not
exceeding
two
thousand
rand
or
to
imprisonment
for
a
-
period
not
exceeding
two
years
or
to
both
such
fine
and
such
-
imprisonment.".
-
- Repeal
of
sections
21
and
22
of
Act
25
of
1964
-
- 13.
Sections
21
and
22
of
the
principal
Act
are
hereby
repealed.
Substitution
of
section
23
of
Act
25
of
1964
-
14.
The
following
section
is
hereby
substituted
for
section
23
of
the principal
Act:
-
- "Short
title
-
- 23.
This
Act
shall
be
called
the
Price
Control
ActSale
and
Service
Matters
Act,
1964,
and
shall
come
into
operation
on
a date
to
be
fixed
by
the
State
President
by
proclamation
in
the
Gazette.".
-
- Substitution
of
long
title
of
Act
25
of
1964
-
- 15.
The
following
long
title
is
hereby
substituted
for
the
long
title of
the
principal
Act:
-
"Act
-
- To
provide
for
the
control
of
prices
the
sale
of
goods
and
the
rendering
of
services
and
other
incidental
matters.".
-
- Short
title
-
- 16.
This
Act
|
