Online Safety Act, No. 9 of 2024
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(5) The person against whom a conditional order is made
under subsection (2) shall either comply with such order or
appear before the Magistrate as specified in subsection (6)
to show cause as to why the order shall not be made absolute.
(6) Where the person against whom a conditional order is
made under subsection (2) intends to show cause, such person
shall appear before the Magistrate making that order within
a period of two weeks of making such order and move to
have the order set aside or modified in the manner hereinafter
provided.
(7) If the person against whom an order is made under
subsection (2) neither complies with the order nor appears
before the Magistrate under subsection (6), such person shall
be liable to the penalty specified in subsection (9) and the
order shall be made absolute.
(8) (a) Where such person appears before the Magistrate
in terms of subsection (6), to show cause by way of petition
and affidavit, the Magistrate shall hold an inquiry which
shall be concluded within two weeks of the date of
commencement of the inquiry.
(b) The Magistrate may, having regard to the facts stated
by the person against whom the conditional order is made
under subsection (2), either move to have the order set aside
or modified, if the Magistrate is satisfied that the order made
under this section is not reasonable and proper, and make an
appropriate order subject to the provisions of this Act.
(c) If the Magistrate is not so satisfied, the order made
under subsection (2) shall be made absolute.
(d) Where the order under subsection (2) is modified under
paragraph (b), such order shall be made absolute.
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