•
misleading in any respect, unless' it is proven that the accused failed on demand by the
Controller of Seeds to furnish the details of the person at whose instance the advertisement
was published or distributed.
~c~_.:=--=-I7_e.resumpll·.c!lls...an.c~l.I.O.f~~~
_____________________
In litigation proceedings under this Act or a scheme(a)
any seed, or other article in or upon any premises, place or vehicle at the time a
sample thereof was taken pursuant to the provisions of this Act shall, unless the
contrary is proved, be deemed to possess the same properties as such sample;
(b)
any sample taken in terms of section shall be deemed to be representative of that
seed, substance or other article from which it was taken unless the contrary is proved;
(c)
any statement or entry contained in any book or document, or any excerpt from or copy
of particulars entered in a book or document kept or purporting to be issues by any
person, or by the manager, agent or employee of such person, shall be admissible in
evidence against such person as an admission of the facts set forth in that statement.
entry, excerpt, or copy, unless the contrary is proved
78.Uability of employer or principa
(1)
..
Any act or omission of an employee, manager or agent which constitutes an offence
under this Act or a scheme, shall be deemed to be the act or omission of the employer
or principal, and such employer or principal may be convicted and sentenced in
respect thereof unless proven that the accused(a)
did not permit, connive, or condone such act or omission;
(b)
took all reasonable measures to prevent an act or omission of the nature in
question; and
(c)
whether legal or illegal, of the nature in question did not under any condition or
in any circumstances fall within the course of the employment or the scope of
the authority of the employee, manager or agent concerned
For the
ses of s
the f
that an erY\n,,,,,,,c.
(3)
The provisions of subsection (1) shall not relieve the employee, manager or agent
concerned from liability to be convicted and sentenced in respect of the act or omission
in question.
....
:
79.Limitation of liability
•
No compensation shall be payable by the State, the Minister of Agriculture, the Controller of
Seeds, an authority designated in terms of Part V, any person authorised thereto in writing by
31