(g) without the permission of the licensee concerned or a person having authority to grant such permission,
enters any part of any premises on which there is a radio station worked by a cellular telecommunication
licensee or a telecommunication licensee and which is not open to members of the public; or
(h) behaves in a disorderly manner in any premises on which there is a radio station worked by a cellular
telecommunication licensee or a telecommunication licensee; or
(i) wilfully destroys, injures or removes a radio station or radio apparatus of a cellular telecommunication
licensee or a telecommunication licensee; or
(j) wilfully interferes with, hinders or impedes in any way the operating of a radiocommunication service or
the free use or working of a radio station or radio apparatus of the licensee concerned; or
(k) contravenes subsection (4) of section forty-four, section sixty-eight, section sixty-nine, subsection (1) of
section seventy, subsection (1) of section seventy-one or subparagraph (1) or (2) of paragraph 10 of the
Third Schedule;
shall be guilty of an offence and liable—
(i) for a contravention of paragraph (i) or (j), to a fine not exceeding level six or to imprisonment
for a period not exceeding one year or to both such fine and such imprisonment;
(ii) for a contravention of subsection (4) of section forty-four, section sixty-eight, section sixty-nine,
subsection (1) of section seventy, subsection (1) of section seventy-one or subparagraph (1) of
paragraph 10 of the Third Schedule, to a fine not exceeding level five or to imprisonment for a
period not exceeding six months or to both such fine and such imprisonment;
(iii) for an offence not specified in subparagraph (i) or (ii), to a fine not exceeding level four or to
imprisonment for a period not exceeding three months or to both such fine and such
imprisonment.
[Subsection amended by section 4 of Act 22 of 2001]
(3) A person contravening paragraph (g) or (h) of subsection (2) who fails to leave the premises concerned
immediately on being required to do so by an employee of the licensee concerned may be removed by such
employee, and a police officer shall, on being requested to do so by such employee, remove or assist in the
removal of the person.
(4) A person who sees another person contravening or attempting to contravene paragraph (i) or (j) of
subsection (2) may, without warrant, arrest that other person.
(5) A person who arrests another person in terms of subsection (4) shall forthwith notify that other person of
the cause of the arrest.
(6) A person arrested in terms of subsection (4) shall as soon as possible be brought to a police station or
charge office and there, subject to the provisions of the Criminal Procedure and Evidence Act [Chapter 9:07]
relating to the release of arrested persons on bail, be detained until a warrant is obtained for his further detention
upon a charge or until he is released by reason that no charge is preferred against him.
(7) No person arrested in terms of subsection (4) shall be detained for longer than forty-eight hours unless a
warrant for his further detention is obtained.
(8) On the conviction of a person for an offence of contravening subsection (1) of section thirty-three,
subsection (1) of section seventy or subsection (1) of section seventy-one, the court convicting the accused may,
on the application of the prosecutor and in addition to any penalty which it may impose, cancel a radio station
licence, certificate or authority issued to the accused in terms of Part VI or IX and prohibit the issue to him, for
such period as the court may specify, of such a licence, certificate or authority.
92 Sufficiency of allegations in indictment
In any indictment, summons or charge relating to any offence committed in respect of
(a) any—
(i) mail or telegram or any property or moneys belonging to or used by a licensee; or
(ii) money order, postal order or other document used for the purpose of remitting, paying,
collecting or depositing money through or with a postal licensee or a telecommunication
licensee;
it shall be sufficient to allege that any such mail, telegram, property, moneys, money order, postal order
or other document belongs to or is or was in the lawful possession of the licensee;
(b) anything done or committed with a fraudulent intent relating to or concerning—
(i) a cellular telecommunication licensee or telecommunication licensee or an employee of such a
licensee; or
(ii) any mail, telegram, property, moneys, money order, postal order or other document referred to in
paragraph (a);
it shall be sufficient to allege that such thing was done with intent to defraud the licensee concerned.
93 Authority required for institution of certain criminal proceedings
Where any person is brought before a court on a charge of
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