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Legal Deposit in South Africa: Action to Remedy Non-Compliance

This Guide provides information about legislation, application and enforcement of the Legal Deposit Act and useful resources for publishers, librarians and others involved in compliance with this legislation.

Action Remedies

Offences (Section 9 of the Legal Deposit Act)

9. Any publisher who fails to comply with section 2, 3, 4 or 5 (3) shall be guilty of an offence and liable on conviction to a fine not exceeding R20 000.

Action to remedy non-compliance in terms of Section 10 of the Legal Deposit Act

10. (1) (a) If a publisher fails to supply the documents contemplated in section
2 (1) to one or more places of legal deposit, an officer authorised thereto by the
Minister may in the prescribed manner demand that such documents be supplied
to such place or places of legal deposit within 30 days.

(b) If, on the expiration of that period, such documents have not been
received by the place or places of legal deposit in question, such officer may
forthwith by purchase acquire the documents or, if copies are no longer available,
cause a reproduction of acceptable quality to be made thereof and recover the
cost of that purchase or reproduction from the publisher.

(2) If the officer is unable to acquire or reproduce the documents or
recover the cost thereof under subsection (1), the Department may, in
consultation with the Committee, institute civil proceedings against such
publisher.