National Environmental Management Act, 1998 (107 of 1998)
R 385
Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 17 : General Provisions61. Presumptions and evidence |
In criminal proceedings under this Act or a scheme—
| (a) | any plant, propagating material, substance or other article in or upon any premises, place or vehicle at the time a sample thereof is taken pursuant to the provisions of this Act must, in the absence of evidence to the contrary which raises reasonable doubt, be deemed to possess the same properties as such sample; |
| (b) | any sample taken in terms of section 42(1)(e) must, in the absence of evidence to the contrary which raises reasonable doubt, be deemed to be representative of that plant, propagating material, substance or other article from which it was taken; |
| (c) | a form on which particulars have been entered in terms of section 42(2)(d) is prima facie proof of the facts stated therein; |
| (d) | any statement or entry contained in any book or document kept or purporting to be issued by any person, or by the manager, agent or employee of such a person, is, in the absence of evidence to the contrary which raises reasonable doubt, admissible in evidence against such person as an admission of the facts set forth in that statement or entry; and |
| (e) | an excerpt from or a copy of the varietal list certified as such by the registrar, is prima facie proof of the information contained therein. |
