Attention is drawn to sections 266 and 267 of the Urban Councils Act [Chapter214] and to sections 142 and 143 of the Rural Councils Act [Chapter 211] which prescribe offences and penalties which, consequent upon the definition of “this Act” in subsection (1) of section 3 of the Interpretation Act [Chapter 1] apply not only to the relevant Acts, but also to all by-laws made in terms of those Acts.
Sections 266 and 267 of the Urban Councils Act, [Chapter 214]
266. Where-
a) any matter or thing is, by or in terms of this Act or any order or notice made or given under the authority thereof, directed or forbidden to be done; or
b) any authority is given by or in terms of this Act to a council or any person to direct any matter or thing to be done or to forbid any matter;
and such act so directed to be done remains undone, or such act so forbidden to be done is done, then in every such case every person so offending against such direction or prohibition shall be guilty of an offence.
143. (1) Any person guilty of an offence in terms of this Act shall, unless other provision is made in this Act, be liable for every offence to a fine not exceeding one hundred dollars or, in case of a continuing offence, a fine not exceeding four dollars for every day during which the offence continues.
(2) On the conviction of any person of any offence such as is referred to in subsection (1) the court may, on the application of the council or the prosecutor acting on the application of the council or the prosecutor acting on the instructions of the council and in addition to any other penalty which it may impose, give summary judgement in favour of the council for an amount not exceeding the amount of any loss caused to the council by the commission of the offence, and such judgement shall have the same force and effect and be executed in the same manner as if it had been given in a civil action duly instituted in the said court:
Provided that nothing in this subsection shall be deemed to affect the jurisdiction of the said court conferred by any other law.
(3) On the hearing of any application made in terms of subsection(2) the court may refer to the proceedings and evidence at the trial and may hear such further evidence as may be tendered by the prosecutor and the person convicted.