Klass Looch Associates

Employer OHS Champion since 1986 

NOH&S Draft Bill. Section 121. Corporate homicide

(1) A corporate body which is under a duty to ensure the health and safety of any person in terms of any provision of Chapter 2 of this Act commits the offence of corporate homicide if a person dies and the death was due to the failure of the corporate body –

(a) to comply with a duty in terms of Chapter 2; or

(b) to take the necessary steps to control the risk that caused the death; or

(c) to implement a safety management system.

(2) It is not a defence to a charge in terms of this section that the person died as a result of an act or omission of any individual.

(4) This section does not exclude the prosecution of any person for the offence of culpable homicide and a charge in terms of this section is a competent alternative charge in a prosecution for culpable homicide.

Section 122. Negligent occupational injury

(1) A corporate body which is under a duty to ensure the health and safety of any person in terms of any provision of Chapter 2 of this Act commits the offence of causing negligent occupational injury if a person is injured or becomes ill and the injury or illness was due to the failure of the corporate body –

(a) to comply with a duty in terms of Chapter 2;

(b) to take the necessary steps to control the risk that caused the injury or illness; or

(c) to implement a safety management system.

(2) It is not a defence to a charge in terms of this section that the person was injured or became ill as a result of an act or omission of any individual.