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Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)

25. Liability of employer or principal

 

(1) Any act or omission of any employee, agent or manager which constitutes an offence under this Act, shall be deemed to be the act or omission of his employer or principal, and such employer or principal may be convicted and sentenced in respect thereof unless he proves—
(a) that that act or omission was not permitted or connived at by him; and
(b) that he took all reasonable steps to prevent an act or omission of the nature concerned; and
(c) that an act or omission, whether lawful or unlawful, of the nature concerned did not under any condition or circumstances fall within the course of the employment or the scope of the authority of the employee, agent or manager concerned.

 

(2) For the purposes of subsection (1)(b) the fact that an employer or a principal forbade an act or omission of the nature concerned, shall not by itself be regarded as sufficient proof that he took all reasonable steps to prevent such act or omission.

 

(3) The provisions of subsection (1) do not relieve the employee, agent or manager of any liability of being convicted and sentenced in respect of the act or omission concerned.