Trade Metrology Act, 1973 (Act No. 77 of 1973)

Chapter III : Inspection, Examination and Confiscation

17. Contents of certain affidavits deemed to be prima facie proof
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If in any prosecution for an offence under this Act the question arises whether any measuring instrument not certified under this Act is not a measuring instrument exempted from certification or re-certification in terms of section 18(2)(a) or 23, a document purporting to be an affidavit made by a person who in that affidavit alleges—

(a)that he or she is an inspector in charge of the regional office of metrology for the area in which the measuring instrument in question was found;
(b)that if the measuring instrument in question were a measuring instrument exempted from certification or re-certification in terms of section 18(2)(a) or 23 it would in the ordinary course of events have come to his or her, the deponent's, knowledge and a record thereof, available to him or her, would have been kept; and
(c)that there is no such record thereof,

shall, upon its mere production at such prosecution, be prima facie proof that the measuring instrument in question is not a measuring instrument exempted from certification or re-certification in terms of section 18(2)(a) or 23.

 

[Section 17 substituted by section 4 of Act No. 42 of 1994]