Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 7 : Judicial Matters73. Certificate as to location of vessel |
| (1) | A certificate given by a fishery control officer or observer shall be prima facie evidence in any proceedings in terms of this Act, of the place or area in which a vessel has been at a particular date and time or during a particular period of time. |
| (2) | A fishery control officer shall in any certificate issued in terms of subsection (1) state the following: |
| (a) | His or her name, address, official position, place of appointment and provision in terms of which he or she is appointed; |
| (b) | the name and, if known, call sign of the fishing vessel concerned; |
| (c) | the date and time or period of time the vessel was in a place or area; |
| (d) | the place or area in which it is alleged the vessel was located; |
| (e) | the position fixing instruments used to fix the place or area referred to in paragraph (d) and their accuracy within their specified limits; |
| (f) | that he or she checked the position fixing instruments a reasonable time before and after they were used to fix the position and that they appeared to be working correctly; and |
| (g) | if a position fixing instrument which is not a designated machine or is not generally recognised as reliably accurate is used, that he or she checked the instrument as soon as possible after the time concerned against such an instrument. |
| (3) | Section 71 shall, with the necessary changes, apply to a certificate issued in terms of this section. |