Liquor Act, 2003 (Act No. 59 of 2003)

Chapter 5 : Offences and Penalties

36. Imputation of criminal liability

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(1)If a manager, agent or employee of a person commits an offence by performing or omitting to perform an act and such performance or omission would have constituted an offence had it been done by the person, that person is equally guilty of the offence if the act or omission fell within the scope of the authority or employment of the manager, agent or employee concerned and the person
(a)either connived at or permitted the act or omission by the manager, agent or employee concerned; or
(b)did not take all reasonable steps to prevent the act or omission.

 

(2)For purposes of subsection (1), the fact that a person issued instructions prohibiting an act or omission is not in itself sufficient proof that all reasonable steps were taken to prevent the act or omission.