| (a) | who knowingly contravenes any of the provisions of section 5(1); or |
| (b) | who knowingly sells or lets for hire or distributes for the purposes of trade, or by way of trade exposes or offers for sale or hire, any fixation of a performance or a reproduction of such a fixation made in contravention of section 5; or |
| (c) | who makes, or has in his possession, a plate or similar contrivance for the purpose of making fixations of a performance or reproductions of such fixations in contravention of section 5, |
shall be guilty of an offence and liable on conviction—
| (i) | in the case of a contravention referred to in paragraph (a), to a fine or to imprisonment for a period not exceeding three months, and the court convicting him or her may in addition, on the application of the performer whose rights have been infringed, and without proof of any damages, order him or her to pay to the performer as damages such amount, not exceeding the amount determined by the Minister from time to time by notice in the Gazette, as may in the circumstances of the case appear to it to be reasonable; |
[Subsection (1)(i) substituted by section 23 of Act No. 38 of 1997]
| (ii) | in the case of a contravention of paragraph (b), to a fine not exceeding the amount determined by the Minister, in consultation with the Minister of Justice, from time to time by notice in the Gazette in respect of each fixation or reproduction; and |
[Subsection (1)(ii) substituted by section 23 of Act No. 38 of 1997]
| (iii) | in the case of a contravention of paragraph (c), to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
[Subsection (1)(iii) substituted by section 23 of Act No. 38 of 1997]
| (2) | Any order made under subsection (1) for the payment of damages to a performer may be executed as if it were a civil judgment in favour of that performer. |
