Petroleum Products Act, 1977 (Act No. 120 of 1977)9. Evidence |
| (1) | A certificate purporting to be issued by the Minister or any person authorised thereto by the Minister and setting forth the price at which it would have been permissible for any particular person to sell on any particular date or during any particular period any petroleum product specified in the certificate, shall on its mere production by any person in any criminal proceedings be prima facie proof of such price. |
| (2) | Any statement or entry contained in any book or document kept by any person or his manager, agent or employee, shall be admissible against such person in any criminal proceedings under this Act as an admission of the facts set forth in such statement or entry, unless it is proved that the statement or entry was not made by such person or his manager, agent or employee. |
| (3) | If it is alleged in a charge in any criminal proceedings under this Act— |
| (a) | that any petroleum product alleged to have been sold or purchased, or supplied or acquired, is a petroleum product of a particular class or kind; or |
| (b) | that any petroleum product or service is a petroleum product or service of a kind to which any provision of this Act applies, |
such allegation shall be deemed to constitute sufficient proof of the matter alleged until the contrary is proved.
| (4) | If in any prosecution for a contravention of a prohibition imposed under section 2(1)(a) relating to the use of any petroleum product specified in the charge, it is proved that the accused performed an act which would have constituted the contravention if only such petroleum product was used for the performance of that act, unless it is proved that other factors contributed to the performance of that act to the extent that in the absence thereof that act would not have been performed. |
[Section 9(4) substituted by section 3 of Act No. 72 of 1979]