s 19 Defence of mistake, accident, etc.
19.—(1) In any proceedings for an offence under this Act, it is, subject to subsection (2), a defence for the person charged to prove —(a) that the commission of the offence was due to a mistake on the person’s part or to reliance on information supplied to the person or to the act or default of another person, an accident or some other cause beyond the firstmentioned person’s control; and (b) that the person took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself, herself or itself or any person under the firstmentioned person’s control. (2) If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person has served on the prosecutor a written notice giving such information as was then in the person’s possession identifying or assisting in the identification of that other person. [Act 25 of 2021 wef 01/04/2022] (3) In any proceedings for an offence under this Act of supplying goods to which a false trade description is applied, it is a defence for the person charged to prove that the person did not know, and could not with reasonable diligence have ascertained, that the goods did not conform to the description or that the description had been applied to the goods.