WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
25. Forfeitures.–
The court convicting any person of an offence under this Act shall, when requested thereto by the
public prosecutor, in addition to any other penalty imposed in respect of that offence, order that a relevant
quantity of a liquor product, material, substance or other article which is the subject of the charge against
such person, be forfeited to the State, after which the property so forfeited shall be destroyed.
26. Vicarious liability.–
(1) When a manager, representative, agent, employee or member of the family of a person (in this
section called the principal) does or omits to do any act, and it would be an offence under this Act for the
principal to do or omit to do such act himself, that principal shall be deemed himself to have done or omitted
to do the act, unless he satisfies the court that–
(a) he neither connived at nor permitted the act or omission by the manager, representative, agent,
employee or member concerned;
(b) he took all reasonable steps to prevent the act or omission; and
(c)
an act or omission, whether lawful or unlawful, of the nature charged, on no condition or under
no circumstance fell within the scope of the authority or employment of the manager,
representative, agent, employee or member concerned,
and the fact that such principal issued instructions whereby an act or omission of that nature is
prohibited, shall in itself not be sufficient proof that he took all reasonable steps to prevent the act or
omission.
(2) When a principal is by virtue of subsection (1) liable for an act or omission by a manager,
representative, agent, employee or member of his family, that manager, representative, agent, employee or
member shall also be liable therefor as if he were the principal concerned.
(3) The provisions of subsection (2) shall not release a manager, representative, agent, employee or
member contemplated in that subsection from any other liability which he may have incurred apart from the
liability which he shares with the principal concerned.
(4) In the application of this section in any prosecution, evidence that any article was at the time of
the act or omission charged, in the possession or under the custody, supervision, control or care of any
manager, representative, agent, employee or member of the family of the principal, shall be prima facie proof
that the principal concerned is the owner of the article concerned.
27. Regulations.–
(1) The Minister may make regulations regarding–
(a) any matter which in terms of this Act is required or permitted to be prescribed;
(b) control of the receipt, keeping and use of particular substances which are or may be used, or
shall not be used, in connection with the production of liquor products, at premises where the
liquor products are produced;
(c)
the designation of a person charged with the application of this Act, and regarding different such
designations in relation to different provisions of this Act;
(d) processes which shall or may be applied in the production of liquor products;
(e) requirements for raw materials that may be used in or in connection with the production of a
liquor product, and control which is to be exercised over such raw materials;
(f)
methods and procedures in connection with the taking of samples;
(g) the registration of particulars in respect of persons for the purposes of section 11 (1);
(h) the procedure at proceedings of an appeal board referred to in section 22;
(i)
prohibited practices in connection with the indication of particulars on containers in which liquor
products are sold, and in connection with the use of certain particulars in connection with the
sale of liquor products;
(j)
the keeping of records and the furnishing of returns in connection with the production and sale of
liquor products;
(k) the fees payable in respect of anything done under this Act, or which is required to be so done;
ZA011EN
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
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