sec.85Offences and breaches by corporations

sec.85 Offences and breaches by corporations

If a corporation contravenes an offence provision or breaches a civil penalty provision, each officer of the corporation is to be taken to have contravened the offence provision or to have breached the civil penalty provision if the officer knowingly authorised or permitted the contravention or breach. An officer of a corporation may be proceeded against under an offence provision or civil penalty provision pursuant to this section whether or not the corporation has been proceeded against under the provision. Nothing in this section affects the liability of a corporation for a contravention of an offence provision or for a breach of a civil penalty provision. s 85 amd 2007 No. 53 (SA) s 50 ; 2020 No. 37 (SA) s 25 (sec.85-ssec.1) If a corporation contravenes an offence provision or breaches a civil penalty provision, each officer of the corporation is to be taken to have contravened the offence provision or to have breached the civil penalty provision if the officer knowingly authorised or permitted the contravention or breach. (sec.85-ssec.2) An officer of a corporation may be proceeded against under an offence provision or civil penalty provision pursuant to this section whether or not the corporation has been proceeded against under the provision. (sec.85-ssec.3) Nothing in this section affects the liability of a corporation for a contravention of an offence provision or for a breach of a civil penalty provision.