Businesses Act, 1991 (Act No. 71 of 19915. Penal provisions |
| (1) | Any person who contravenes a provision of section 2(3) shall be guilty of an offence and liable on conviction— |
| (a) | to a fine not exceeding R1 000 or imprisonment for a period not exceeding three months, or to both such fine and such imprisonment; and |
| (b) | to an additional fine not exceeding R10 for every day on which the offence continues. |
| (2) |
| (a) | When a person in control of a business, or a director, manager, employee or agent, of a licence holder performs any act which it would be an offence under subsection (1), read with section 2(3)(c), for that licence holder to perform himself, the licence holder shall be deemed to have performed the act himself, and shall be liable on conviction to the penalties mentioned in subsection (1), unless he proves to the satisfaction of the court that— |
| (i) | in performing the act the person in control, or the director, manager, employee or agent, was acting without his knowledge or permission; |
| (ii) | all reasonable steps were taken by him to prevent the performance of any act of the kind in question; and |
| (ii) | it was not within the scope of the authority or the course of employment of the person in control, or the director, manager, employee or agent, to perform any act of the kind in question. |
| (b) | The fact that a licence holder issued instructions forbidding any act referred to in subsection (1), shall not by itself be accepted as sufficient proof that he took all steps referred to in paragraph (a) (ii). |
| (c) | When a licence holder is by virtue of the provisions of paragraph (a) liable for anything done by any other person, that other person shall also be liable as if he were the licence holder. |
| (3) | In any prosecution for an offence referred to in subsection (1), an allegation in the charge concerned that— |
| (a) | any goods with which a business was carried on or which were used in connection with a business were or were not of a particular kind, class, type or description; |
| (b) | any place is situate in a particular area; |
| (c) | any person was in control of a business or was a director, manager, employee or agent of a licence holder, shall be presumed to be correct unless the contrary is proved. |
| (4) | A fine imposed or bail estreated in respect of an offence under subsection (1), shall accrue— |
| (a) | where the offence was committed within the area of jurisdiction of a local authority, to that local authority; |
| (b) | in any other case, to the Administrator concerned. |