Trade Metrology Act, 1973 (Act No. 77 of 1973)

Chapter VIII : General and Miscellaneous

44. Acts or omissions by managers, agents or employees

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(1)Whenever any manager, agent or employee of any person does or omits to do any act which it would be an offence under this Act for such person to do or omit to do, then, unless it is proved that—
(a)in doing or omitting to do that act, such manager, agent or employee was acting without the connivance or the permission of such person; and
(b)all reasonable steps were taken by such person to prevent any such act or the omission to do any such act; and
(c)the act or omission charged, whether lawful or unlawful, was not within the scope of the authority or in the course of the employment of such manager, agent or employee,

such person shall be presumed himself to have done or omitted to do that act and shall be liable to be convicted and sentenced in respect thereof, and the fact that he issued instructions forbidding any such act or omission shall not of itself be sufficient proof that he took all reasonable steps to prevent such act or omission.

 

(2)Whenever any manager, agent or employee of any person does or omits to do any act which it would be an offence under this Act for such person to do or omit to do, such manager, agent or employee shall be liable to be convicted and sentenced in respect thereof as if he were such person.