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Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)

Chapter IV : Offences, Penalties, Presumptions and Forfeiture

Presumptions and liability of employers and principals

24. Liability of employers and principals

 

(1) An act or omission of an employee or agent which constitutes an offence under this Act shall be deemed to be the act or omission of his employer or principal, and that employer or principal may be convicted and sentenced in respect of it, unless it appears from the evidence—
(a) that he did not permit or connive at such act or omission; and
(b) that he took all reasonable steps to prevent an act or omission of the kind in question; and
(c) that an act or omission, whether legal or illegal, of the character of the act or omission charged did not under any condition or in any circumstance fall within the course of the employment or the scope of the authority of the employee or agent concerned.

 

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

 

(3) The provisions of subsection (1) shall not relieve the employee or agent concerned from liability to be convicted and sentenced ill respect of the act or omission in question.