Employment Equity Act, 1998
R 385
Air Services Licensing Act, 1990 (Act No. 115 of 1990)27. Presumptions and evidence |
In criminal proceedings under this Act—
| (a) | it shall be presumed, unless the contrary is proved, that an aircraft which is being used in operating an air service, is thus used by the person in whose name that aircraft is registered, whether in terms of a provision in force in the Republic or elsewhere, or that such person caused it to be thus used; |
| (b) | it shall be presumed, unless the contrary is proved, that an aircraft which is registered in the name of a licensee and which is being used in operating an air service contrary to the terms and conditions of such licence is thus used by that licensee or that such licensee caused it to be thus used; |
| (c) | it shall be presumed, unless the contrary is proved, that the conveyance in an aircraft of any person, in addition to the normal operating crew, or of any goods is conveyance for reward; |
| (d) | a certificate issued by the chairperson of the council or the Commissioner for Civil Aviation stating that a licence or operating certificate, as the case may be, has not been granted or issued to a specified person shall, upon the mere production thereof, be accepted as prima facie proof of the facts mentioned therein; |
[Section 27(2) substituted by section 5(f) of Act No. 21 of 2008]
| (e) | a copy of a licence shall, upon the mere production thereof, be accepted as prima facie proof of the fact that the person whose name appears as licensee on that copy, was the licensee in respect of the air service concerned at the time when the offence was committed; |
| (f) | a certified extract from or a copy of any register kept in terms of this Act shall, upon the mere production thereof, be accepted as prima facie proof of the facts mentioned therein; and |
| (g) | it shall be presumed, unless the contrary is proved, that a falsified, counterfeited, altered, defaced or mutilated licence, operating certificate or other document issued under this Act, has been thus falsified, counterfeited, altered, defaced or mutilated by the person in whose possession it has been found or that that person, in the case of an addition, has made the addition. |
[Section 27 of section 3 of Act No. 15 of 1992]
