| (1) | Any person convicted of an offence contemplated in— |
| (a) | section 9(1) or (2)(a) shall be liable to a fine, or to imprisonment for a period not exceeding six years; |
| (b) | section 9(2)(b) or (c), shall be liable to a fine, or to imprisonment for a period not exceeding three years; |
| (c) | section 9(1) or (2)(a) and if the offence was committed under circumstances referred to in subsection (2) shall be liable to a fine, or to imprisonment for a period not exceeding eight years; |
| (d) | section 9(2)(b) or (c), and if the offence was committed under circumstances referred to in subsection (2) shall be liable to a fine or to imprisonment for a period not exceeding five years. |
| (2) | If the offence contemplated in section 9 is committed on the premises or grounds of, or within 500 metres of a public or private school, or any other educational institution, during hours in which the facility is open for classes or school related programmes or when minors are using the facility, such fact shall be regarded as an aggravating circumstance. |
[Section 10(2) amended by section 12 of Act No. 24 of 1999]
| (3) | If a court, after having convicted an accused of any offence, other than an offence contemplated in this Chapter, finds that the accused was a member of a criminal gang at the time of the commission of the offence, such finding shall be regarded as an aggravating circumstance for sentencing purposes. |
[Section 10(3) amended by section 12 of Act No. 24 of 1999]
