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Section 26H — “Strict liability”

As in force on 1 July 2020.

Timeline 2 versions
  1. 10 February 2020 Act 15 of 2019, Act 2 of 2020
  2. 1 July 2020 You are here
  3. 17 August 2026 Latest
26H.“Strict liability”

(1)An offence of strict liability under this Code or any written law is one where, for every physical element of the offence, there is no corresponding fault element.

(2)Strict liability is said to apply to a particular physical element of an offence where there is no corresponding fault element for that physical element, regardless of whether or not the offence is one of strict liability.

(3)To avoid doubt, an offence may be a strict liability offence even though it is not so expressly described by any written law; and strict liability may apply to a particular physical element of any offence even though it is not so expressly described in any written law.

(4)It is a defence for any person charged with a strict liability offence to prove that in committing all the acts or omissions that are physical elements of the offence, he exercised reasonable care.