Intellectual Property Rights from Publicly Financed Research and
R 385
Agricultural Pests Act, 1983 (Act No. 36 of 1983)15. Liability of employer or principal |
| (1) | Any act or omission of a manager, agent or employee constituting an offence under this Act shall be deemed to be the act or omission of his employer or principal, and the said employer or principal may be convicted and sentenced in respect thereof unless he proves— |
| (a) | that he did not permit or connive at the act or omission; |
| (b) | that he took all reasonable steps to prevent an act or omission of the nature in question; and |
| (c) | that an act or omission, whether legal or illegal, of the nature in question did not under any condition or circumstances fall within the course of the employment or the scope of the authority of the manager, agent or employee in question. |
| (2) | The fact that an employer or principal has forbidden an act or omission of the nature in question, shall not by itself be regarded as sufficient proof that he has taken all reasonable steps as required by subsection (1)(b). |
| (3) | The provisions of subsection (1) shall not affect the criminal liability of the manager, agent or employee concerned. |
