s 6 Defence to offence under section 4 or 5
6.—(1) Subject to subsection (2), in any proceedings for an offence under section 4 or 5, it is a defence for the person charged to prove —(a) that the commission of the offence was due to the act or default of another person or to some other cause beyond the control of the person charged; and (b) that the person charged took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the person charged or by any person under the control of the person charged. (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, the person charged is not, without the permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of that other person.[Act 25 of 2021 wef 01/04/2022]