Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 7 : Judicial Matters71. Documentary evidence |
| (1) | The Minister may issue a certificate stating that— |
| (a) | a specified vessel was or was not a local fishing vessel or a foreign fishing vessel on a specified date; |
| (b) | a specified vessel or person was or was not on a specified date the holder of any specified licence, permit, authorisation or certificate of registration; |
| (c) | an appended document is a true copy of the licence, authorisation or certificate of registration for a specified vessel or person and that specified conditions were those of a licence, permit, authorisation or certificate of registration issued in respect of a specified vessel or person; |
| (d) | a particular location or area of water was on a specified date within South African waters, or within an area of South African waters subject to specified conditions; |
| (e) | an appended chart shows the boundaries on a specified date of South African waters, internal waters, territorial waters, the exclusive economic zone or any area within such waters or zones which is subject to specified conditions; |
| (f) | a call sign, name or number is that of a particular vessel or has been allotted under any system of naming or numbering of vessels to a particular vessel; or |
| (g) | a particular position or catch report was given in respect of a specified vessel. |
| (2) | Any certificate issued in terms of this section shall be— |
| (a) | signed by the person who made it; and |
| (b) | headed "Certificate: Section 71 Marine Living Resources Act, 1998". |
| (3) | In the absence of evidence to the contrary, a document purporting to be a certificate issued in terms of this section shall be deemed to be such a certificate and to have been duly given. |
| (4) | In any proceedings for any offence in terms of section 44, a certificate as to the cause and manner of death or injury of any fish, signed by the Director-General, shall, in the absence of the evidence to the contrary, be sufficient evidence as to the matters stated in that certificate. |