Explosives Act, 2003 (Act No. 15 of 2003)Chapter 6 : Presumptions23. Presumption of possession of explosives under certain circumstances |
| 1) | For the purposes of this section – |
| a) | "explosives" includes any container, apparatus, instrument, incendiary device or any part thereof or article which – |
| i) | contains any inflammable substance and can be used, or can be adapted so that it can be used to cause an explosion; or |
| ii) | was made or designed to cause an explosion, and |
| b) | "residential premises" does not include a hotel, hostel, or an apartment building, but includes a room or a suite in a hotel, a room in a hostel and an apartment in an apartment building. |
| 2) | Whenever a person is charged in terms of this Act with an offence of which the possession of explosives is an element, and the State can show that despite the taking of reasonable steps, it was not able with reasonable certainty to link the possession of the explosives to any other person, the following circumstances will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence of possession by that person of the explosives where it is proved that the explosives were found – |
| a) | on residential premises and the person was, at the time – |
| i) | in control of such premises; and |
| ii) | over the age of 16 years and ordinarily resident on the premises; |
| b) | buried in or hidden on land used for residential purposes and the person was, at the time – |
| i) | in control of such land; or |
| ii) | employed to work on the land in or on which the explosives were found; and |
| iii) | over the age of 16 years and ordinarily resident on such land; |
| c) | on premises other than residential premises and the person was, at the time - |
| i) | in control of such premises; or |
| ii) | ordinarily employed on the premises; or |
| iii) | present in the immediate vicinity of the place on the premises where the explosives were found and the circumstances indicate that the explosives should have been visible to that person; or |
| iv) | in control of a locker, cupboard or other container within which the explosives were found; |
| d) | in or on a vehicle and the person was, at the time – |
| i) | the driver of the vehicle; or |
| ii) | the person in charge of the vehicle; or |
| iii) | in control of all the goods on the vehicle; or |
| iv) | the consignor of goods in or among which the explosives were found; or |
| v) | the only person who had access to the explosives; or |
| vi) | the employer of the driver of the vehicle and present on the vehicle; |
| e) | on any aircraft other than an aircraft which was used to convey passengers for gain, and the person was at the time – |
| i) | present on the aircraft and in charge of the aircraft; or |
| ii) | the employer of the person contemplated in subparagraph (i) and present on the aircraft; or |
| iii) | the consignor of goods in or among which the explosives were found; |
| f) | in the hold of an aircraft and the person was, at the time, the person in charge of the goods in the hold; |
| g) | in a place on the aircraft or vessel – |
| i) | to which no one besides the person has access; or |
| ii) | where the circumstances indicate that the explosives should have been visible to no one besides the person; |
| h) | on any vessel other than a vessel which was used to convey passengers for gain, and the person was, at the time – |
| i) | in charge of that vessel or that part of the vessel in which the explosives were found; or |
| ii) | ordinarily employed in the immediate vicinity of the place of the vessel where the explosives were found; or |
| iii) | in the cargo of a vessel and the person was, at the time – |
| aa) | in control of the cargo of the vessel; or |
| bb) | the consignor of any goods in or among which the explosives were found. |
| 3) | In any criminal proceedings against a person where it is alleged that such person has injured or killed another person or has damaged property belonging to another person, the following circumstances will, in the absence of evidence to the contrary which raises a reasonable doubt, be sufficient evidence that such a person participated in the injury, killing or damage, where it is proved that – |
| a) | the person was driving, or was a passenger in a vehicle other than a vehicle designed or licensed to convey more than 20 passengers; |
| b) | an explosive was detonated from the vehicle while the person was driving or was a passenger in the vehicle; and |
| c) | as result of such detonation, a person was injured or killed, or property was damaged. |