Animal Diseases Act, 1984 (Act No. 35 of 1984)

34. Vicarious liability
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(1)Whenever any manager, representative, agent, employee or member of the household of any person (in this section called a principal) does or omits to do any act which it would be an offence under this Act for such principal to do or omit to do, that principal shall be deemed himself to have done or omitted to do that act, and be liable to be convicted and sentenced in respect thereof, unless it is proved that—
(a)in doing or omitting to do that act the manager, representative, agent, employee or member of the household was acting without the connivance or the permission of such principal; and
(b)all reasonable steps were taken by such principal to prevent any act or omission of the kind in question; and
(c)it was not under any condition or circumstance within the scope of the authority or in the course of the employment of such manager, representative, agent, employee or member of the household to do or to omit to do acts, whether lawful or unlawful, of the character of the act or omission charged,

and the fact that such principal issued instructions forbidding any act or omission of the kind in question shall not, of itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission charged.

 

(2)Whenever any manager, representative, agent, employee or member of the household of any such principal does or omits to do an act which it would be an offence under this Act for such principal to do or omit to do, such manager, representative, agent, employee or member of the household shall, without prejudice to any other liability incurred by him on account of the relevant act or omission, be liable to be convicted and sentenced in respect thereof as if he were that principal.

 

(3)Any such manager, representative, agent, employee or member of the household may be so convicted and sentenced in addition to the principal concerned.

 

(4)In the application of this section in any proceedings, evidence that any land, animal, thing or conveyance was, at the time of the act or omission charged or in issue, in the possession or under the custody, supervision, control or care of any manager, representative, agent, employee or member of the household of a principal, shall be prima facie proof that the relevant principal is an owner in respect thereof.

[Section 34(4) substituted by section 12 of Act No. 18 of 1991]

 

(5)For the purposes of this section manager, representative, agent or employee, in relation to any principal, includes any person serving under the control of that principal.