Housing Development Agency Act, 2008
R 385
Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965)33. Act or omission by manager, agent or employee |
| (1) | Whenever any manager, agent or employee of any person (hereinafter called the employer) does or omits to do any act which it would be an offence under this Act for the employer to do or omit to do, then unless it is proved that— |
| (a) | in doing or omitting to do that act the manager, agent or employee was acting without the connivance or the permission of the employer; and |
| (b) | all reasonable steps were taken by the employer to prevent any act or omission of the kind in question; and |
| (c) | it was not under any condition or in any circumstances within the scope of the authority or in the course of the employment of the manager, agent or employee to do or omit to do acts, whether lawful or unlawful, of the character of the act or omission charged, |
the employer 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 act or omission of the kind in question shall not, of itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.
| (2) | Whenever any manager, agent or employee of any such employer does or omits to do an act which it would be an offence under this Act for the employer to do or omit to do, he shall be liable to be convicted and sentenced in respect thereof as if he were the employer. |
| (3) | Any such manager, agent or employee may be so convicted and sentenced in addition to the employer. |
