Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 7 : Legal Proceedings and Offences95. Proof of facts |
In any legal proceedings in terms of this Act—
| (a) | if it is alleged that a person at a mine is or was an employee, that person is presumed to be an employee at that mine, unless the contrary is proved; |
| (b) | if it is proved that a false statement, entry or information appears in or on a book, plan, record or other document, the person who kept that document is presumed to have made, entered, recorded or stored that statement, entry, record or information, unless the contrary is proved; and |
| (c) | subject to the provisions of sections 63(1), 63(3) and 71(2), any statement, entry or information in or on any book, plan, record or other document is admissible in evidence as an admission of the facts in or on it by the person who made, entered, recorded or stored it unless it is proved that that person did not make, enter, record or store it within the scope of their functions. |
[Section 63(1) provides that every answer given in an investigation is privileged.]
[Section 63(3) provides that a report that an inspector has directed to be privileged may not be used in any civil, criminal or disciplinary proceedings, inquests or inquiries.]
[Section 71(2) provides that a witness's privilege in a court of law applies equally to any person being questioned at an inquiry.]