49
(4)
A member of a law enforcement agency or an investigator who fails
to comply with subsections (2) or (3), is guilty of an offence and is liable on conviction to
a fine not exceeding R300 000 or imprisonment for a period not exceeding 3 years or to
both such fine and imprisonment.
(5)
Where a member of a law enforcement agency or an investigator is
convicted of an offence referred to in subsection (1) or (4), the court convicting such a
person, may upon application of any person who has suffered damage, or upon the
application of the prosecutor acting on the instructions of that person, award
compensation in respect of such damage, whereupon the provisions of section 300 of
the Criminal Procedure Act, 1977 (Act No. 51 of 1977), apply with the necessary
changes, with reference to such award.
False information under oath or by way of affirmation
37.
(1)
Any person who gives false information under oath or by way of
affirmation knowing it to be false or not knowing it to be true, with the result that a
search warrant is issued, or is issued and executed, or a search contemplated in
section 31 took place on the basis of such information, is guilty of an offence and is
liable on conviction to a fine or to imprisonment for a period not exceeding 2 years or to
both such fine and imprisonment.
(2)
Where a person is convicted of an offence referred to in subsection
(1), the court convicting such a person, may upon application of any person who has
suffered damage, or upon the application of the prosecutor acting on the instructions of
that person, award compensation in respect of such damage, whereupon the provisions
of section 300 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), apply with the
necessary changes, with reference to such award.
Prohibition on disclosure of information