Agricultural Pests Act, 1983 (Act No. 36 of 1983)14. Presumptions and evidence |
In criminal proceedings under this Act—
| (a) | it shall be presumed that the applicable provisions of this Act apply to the land on or in respect of which the offence concerned has allegedly been committed, unless the contrary is proved; |
| (b) | a document which purports to have been certified by an executive officer to the effect that it is a copy of the order to which the proceedings relate, shall be received as evidence in any court without further proof or the production of the original order; |
[Section 14(b) substituted by section 12(a) of Act No. 9 of 1992]
| (c) | if a copy of an order referred to in paragraph (b) purports to have been endorsed by an executive officer to the effect that the order concerned has been served on the person named in that order in a certain manner, it shall be presumed that such order has been served on the said person in that manner, unless the contrary is proved; |
[Section 14(c) substituted by section 12(a) of Act No. 9 of 1992]
| (cA) | any statement or entry contained on any parcel or in a book or document kept by or purported to be issued by any person, or by the manager, agent or employee of such a person, shall be admissible in evidence against such person as proof of the facts set forth in that statement or entry , unless it is proved that such statement or entry was not made by such person, or by the manager, agent or employee of such person in the course of his work as manager or in the course of his agency or employment; |
[Section 14(cA) inserted by section 11 of Act No. 18 of 1989]
| (d) | where it is proved that a marker, peg, label or other mark has been damaged, destroyed, removed, shifted, altered or otherwise tampered with contrary to the provisions of this Act, it shall be presumed that it was done by the person who was the user of land in respect of the land in question on the date on which an executive officer became aware of such damage, destruction, removal, shifting, alteration or tampering, unless the contrary is proved. |
[Section 14(d) substituted by section 12(b) of Act No. 9 of 1992]