Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 7 : Legal Proceedings and Offences86A. Criminal liability |
| (1) | An employer, chief executive officer, manager, agent or employee commits an offence if he or she contravenes or fails to comply with the provisions of this Act thereby causing— |
(a) a person's death; or
(b) serious injury or illness to a person.
| (2) | If a chief executive officer, manager, agent or employee of the employer 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 employer, that employer is equally committing an offence if the act or omission fell within the scope of the authority or employment of the chief executive officer, manager, agent or employee concerned and the employer— |
| (a) | connived at or permitted the performance or an omission by the chief executive officer, manager, agent, or employee concerned; or |
| (b) | did not take all reasonable steps to prevent the performance or an omission. |
| (3) | For the purposes of subsection (1) the— |
| (a) | fact that the person issued instructions prohibiting the performance or an omission is not in itself sufficient proof that all reasonable steps were taken to prevent the performance or an omission; |
| (b) | defence of ignorance or mistake by any person accused cannot be admitted; or |
| (c) | defence that the death of a person, injury, illness or endangerment was caused by the performance or an omission of an act falling within the scope of the authority or employment of any individual within the employ of the employer may not be admitted. |
[Section 86A inserted by section 26 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]