Liability of principal for acts of agent.
98. Every importer, exporter, pilot, manufacturer, licensee, remover of goods in bond or
other principal shall, for the purposes of this Act, be responsible for any act done by any
agent acting on his behalf, whether within or outside Swaziland.
Liability of agent for obligations of principal.
99. (1) An agent appointed by any pilot, and a person who represents himself to any officer
as the agent of any pilot, and is accepted as such by that officer, shall be liable for the fulfilment, in respect of the matter in question, of all obligations, including the payment of duty
and charges, imposed on such pilot by this Act and to any penalties or forfeitures which may
be incurred in respect of such matter.
(2) (a)
An agent appointed by any importer, exporter, manufacturer, licensee, remover of goods in bond or other principal and person who represents himself to any officer as the
agent of any importer, exporter, manufacturer, licensee, remover of goods in bond or other
principal, and is accepted as such by that officer, shall be liable for the fulfilment, in respect
of the matter in question, of all obligations, including the payment of duty and charges imposed on such importer, exporter, manufacturer, licensee, remover of goods in bond or other
principal by this Act and to any penalties which may be incurred in respect of that matter:
Provided that such person shall cease to be so liable if he proves to the satisfaction of
the Commissioner that —
(i) he was not a party to the non-fulfilment by any such importer, exporter, manufacturer, licensee, remover of goods in bond or other principal, of any such obligation;
(ii) when he became aware of such non-fulfilment he notified the Controller thereof
as soon as practicable; and
(iii) all reasonable steps were taken by him to prevent such non-fulfilment.
(Added A.2/1985.)
(b)
No importer, exporter, manufacturer, licensee, remover of goods in bond or
other principal shall by virtue of paragraph (a) be relieved from liability for the fulfilment of
any obligation imposed on him by this Act and to any penalty which may be incurred in respect thereof.
(Amended A.7/1981.)
(3) Every clearing, shipping and forwarding agent and every agent acting for the master of a ship or the pilot of an aircraft and any other class of agent which the Minister may by
regulation specify shall, before transacting any business with the department, and any class
of carrier of goods to which this Act relates which the Minister may by regulation specify