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Plant Improvement Act, 1976 (Act No. 53 of 1976)

37. Liability of employer or principal

 

(1) Any act or omission of an employee, manager or agent which constitutes an offence under this Act or a scheme, 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 he did not permit or connive at such act or omission;
(b) that he took all reasonable measures to prevent an act or omission of the nature in question; and
(c) that an act or omission, whether legal or illegal, of the nature in question did not under any condition or in any circumstances fall within the course of the employment or the scope of the authority of the employee, manager 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 nature in question shall not by itself be regarded as sufficient proof that he took all reasonable measures to prevent such an act or omission.

 

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