Competition Act, 1998 (Act No. 89 of 1998)Chapter 7 : Offences77. Proof of facts |
| (1) | In any criminal proceedings in terms of this Act— |
| (a) | if it is alleged that a person at a firm is or was an employee, that person must be presumed to be an employee at that firm, unless the contrary is proved; |
| (b) | if it is proved that a false statement, entry or record or false information appears in or on a book, document, plan, drawing or computer storage medium, the person who kept that item must be presumed to have made the statement, entry, record or information, unless the contrary is proved; and |
| (c) | an order certified by the Chairperson of the Competition Tribunal or the Judge President of the Competition Appeal Court, is conclusive proof of the contents of the order of the Competition Tribunal or the Competition Appeal Court, as the case may be. |
| (2) | A statement, entry or record or information, in or on any book, document, plan, drawing or computer storage medium is admissible in evidence as an admission of the facts in or on it by the person who appears to have made, entered, recorded or stored it unless it is proved that that person did not make, enter, record or store it. |