Part XXI: General and Supplementary
Liability to punishment in case of offences by corporate bodies, partnerships, etc.
338. (1) In any criminal proceedings under any statute or statutory regulation or at common law against a company, the secretary and every director or manager or chairman thereof in Swaziland may, unless it is otherwise directed or provided, be charged with the offence and shall be liable to be punished therefor, unless it is proved that he did not take part in the commission of such offence, and that he could not have prevented it.
(Amended P.6/1956.)
(2) In any such proceedings against a local authority, the mayor, chairman, town clerk, secretary or other similar officer shall, unless it is otherwise directed or provided, be liable to be so charged, and in like circumstances punished for the offence_
(3) In any such proceedings against a partnership, every member of such partnership who is in Swaziland shall, unless it is otherwise directed or provided, be liable to be so charged, and in like circumstances punished for the offence.
(4) In any such proceedings against any association of persons not specifically mentioned in this section, the president, chairman, secretary, and every other officer thereof in Swaziland shall, unless it is otherwise directed or provided, be liable to be so charged, and in like circumstances punished for the offence.
(5) This section shall not be deemed to exempt from liability any other person guilty of the offence.
(6) In any criminal proceedings against a corporate body, any record which was made or kept by a director, servant or agent of such corporate body within the scope of his activities as such, or any document which was at any time in the custody or under the control of any such director, servant or agent within the scope of his activities as such, shall be admissible in evidence against the accused.
(7) For the purposes of sub-section (6) any record made or kept by a director, servant or agent of a corporate body or any document which was at any time in his custody or control shall be presumed to have been made or kept by him or to have been in his custody or control within the scope of his activities as such, unless the contrary is proved.
(8) In any proceedings against a director or servant of a corporate body in respect of any offence, any evidence which would be or was admissible against such corporate body in a prosecution for such offence, shall be admissible against him.
(9) In this section-
"director" in relation to a corporate body means any person who controls or governs that corporate body or who is a member of a body or group of persons which controls or governs that corporate body or where there is no such body or group, who is a member of that corporate body. (Amended P .611956.)
