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Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)

24. Presumptions and evidence

 

In any prosecution under this Act—

(a) it shall be presumed, unless the contrary is proved, that the applicable provisions of this Act apply to the land on or in respect of which the offence concerned has allegedly been committed;
(b) in which a particular direction is involved, a document which purports to be certified by the executive officer as a true copy of that direction shall be admitted in evidence in any court without further proof or production of the original;
(c) it shall be presumed, unless the contrary is proved, that, if the copy referred to in paragraph (b) of a direction purports to be endorsed by the executive officer to the effect that he published the direction of which that copy purports to be a copy, by notice in the Gazette or that that direction was served by written notice on a person mentioned in such endorsement, that the executive officer published the said direction by notice in the Gazette or that it was served on the said person by written notice, as the case may be;
(d) it shall be presumed, unless the contrary is proved, that a soil conservation work which has been altered, removed or destroyed, was so altered, removed or destroyed—
(i) without the executive officer having issued an order or granted a consent referred to in section 12(1)(c) in respect thereof; and
(ii) by the person who was the land user in respect of the land concerned on the date on which the executive officer became aware of such alteration, removal or destruction; and
(e) it shall be presumed, unless the contrary is proved, that a beacon or mark which has been damaged, destroyed, removed, shifted, altered or otherwise tampered with after having been erected or effected in terms of this Act or a scheme, was so damaged, destroyed, removed, shifted, altered or otherwise tampered with—
(i) without the executive officer having granted a consent in terms of section 19(2)(b) therefor; and
(ii) by the person who was the land user of the land concerned on the date on which the executive officer became aware of such damage, destruction, removal, shifting, alteration or tampering.