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{
    "id": 815341,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/815341/?format=api",
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    "content": "Hon. Temporary Deputy Chairlady, I beg to move: THAT, Clause 22 of the Bill be amended in the proposed new section 38A— (a) by deleting subsection (1) and substituting therefor the following new subsection: “(1) Where a body corporate is convicted of an offence under this Act, every person who at the time the offence was committed was in charge of or was responsible to the body corporate for the conduct of its business and affairs is also deemed to have committed the offence and shall be liable to prosecution.” (b) by deleting subsection (2) and substituting therefor the following new subsection: “(2) Where it is proven that a body corporate committed an offence under this Act with the consent, connivance or willful lack of due diligence by a person in charge of or responsible to the body corporate for the conduct of its business and affairs, the person shall be guilty of the offence.” We are deleting the whole of Clause 22 and recasting the proposed new Section 38A on the criminal liability for body corporates to cover for the presumption of innocence of their staff and officers as guaranteed by Article 50 of the Constitution."
}