| (1) |
Whenever in any prosecution for any offence under this Act it would be necessary in order to establish the charge, to prove that— |
| (a) |
the accused did or omitted to do anything with the object of bringing into the Republic or of spreading any animal disease or parasite, it shall, on proof that he— |
| (i) |
contrary to any provision of this Act or of any condition imposed by virtue thereof, brought any infectious or contaminated thing, or any progeny or product thereof, into the Republic, or removed it from any isolation or detention; or |
| (ii) |
contrary to any provision of this Act or of any condition imposed by virtue thereof— |
| (aa) |
intentionally infected or contaminated any animal, animal product or any other thing with any animal disease or parasite; or |
| (bb) |
brought into the Republic, collected, possessed, transported or removed from any place any protozoon, bacterium, virus, fungus, parasite, other organism or agent which is capable of causing or spreading any animal disease or parasite, |
be presumed, unless and until the contrary is proved to the satisfaction of the court, that he entertained the object of bringing into the Republic or of spreading any animal disease or parasite;
| (b) |
any permit, authority, consent, certificate or other document has not been issued, given or granted, as the case may be, to any person who in terms of this Act is required to be in possession thereof, it shall, on proof that such person refused or failed, or was unable, to produce the relevant document on request as contemplated in section 24 (2), be presumed, unless and until the contrary is proved to the satisfaction of the court, that such document has not been issued, given or granted to him; |
| (c) |
the accused imported or brought into the Republic any animal or thing contrary to any provision of this Act or any condition imposed by virtue thereof, it shall, on proof that such animal or thing was found in the Republic under circumstances giving rise to a reasonable inference that it was imported or brought into the Republic by him contrary to any such provision or condition, be presumed that he so imported or brought it in, unless and until it is proved to the satisfaction of the court that— |
| (i) |
he did not so import it or bring it in; |
| (ii) |
he so imported it or brought it in lawfully; |
| (iii) |
he, before the alleged contravention, had lawfully been an owner in respect thereof, and that it had not been removed from any place where it had been present or detained, by himself or on his authority; |
| (iv) |
in the case of an animal, any brand that appears thereon and corresponds with a brand registered by a competent authority in another State or territory, is the brand registered in the Republic in favour of himself or of the person from whom he bought or acquired such animal; |
[Section 33(1)(c)(iv) inserted by section 11 (b) of Act No. 18 of 1991]
[Section 33(1)(c) substituted by section 11(a) of Act No. 18 of 1991]
| (i) |
had knowledge of any fact, matter or thing, it shall be presumed that he had such knowledge, unless and until he proves to the satisfaction of the court that he had no such knowledge, and that he could not by the exercise of reasonable diligence and vigilance have gained such knowledge; or |
| (ii) |
suspected, or that there were reasonable grounds for him to suspect, the existence of a fact, it shall be presumed that he did so suspect or, as the case may be, that there were reasonable grounds so to suspect, unless and until he proves the contrary to the satisfaction of the court; |
| (e) |
the accused moved to land or removed from land animals of a particular kind, or permitted it to be done, and it is proved that he at a time relevant to the charge had a particular number of animals of the kind allegedly moved or removed on that land, and that he later, at a time so relevant, had a greater or smaller number of such animals, as the case may be, thereon, it shall without the necessity of proving that he moved or removed any particular animal or permitted it to be done, be presumed that he moved or removed animals of the kind in question to or from the relevant land, as the case may be, or permitted it to be done, unless and until it is proved to the satisfaction of the court that he did not so move or remove those animals or permit it to be done, and that he took all reasonable precautionary measures to prevent them from being moved or removed or from straying; |
| (f) |
any animal was brought on land contrary to any provision of this Act or any condition imposed by virtue thereof, it shall on proof that, within the period of time relevant to the charge — |
| (i) |
the relevant animal was marked or branded with marks or brands other than those with which an owner in respect of animals on that land normally marks or brands his animals, or those with which he is in terms of the Livestock Brands Act, 1962 (Act No. 87 of 1962), entitled to brand his animals; or |
| (ii) |
any former brand was deleted, altered or rendered unrecognizable, |
be presumed, unless and until the contrary is proved to the satisfaction of the court, that the animal has so been brought on the land; and
| (g) |
the accused failed to apply reasonable diligence and to take reasonable precautionary measures to prevent any animal from straying from any place where it was present or isolated or detained, it shall, on proof that the animal — |
| (i) |
has been found on any other place where it, in terms of this Act, is not permitted to be; or |
| (ii) |
has been found on any other place, no person having the supervision or control of it, |
be presumed, unless and until the contrary is proved to the satisfaction of the court, that he so failed to apply reasonable diligence and to take reasonable precautionary measures.
| (2) |
In any prosecution for an offence under this Act — |
| (a) |
a document which purports to be certified by the director to the effect that it is a true copy of a permit, authority, order, certificate or other document issued, granted, served, given or obtained in terms of this Act, shall be admitted in evidence in any court without further proof or production of the original thereof; |
| (b) |
particulars of any event, action or facts which have been recorded in terms of a control measure by the director or any authorised person, shall be prima facie evidence of the event, action or facts in question, and shall be admitted in evidence in any court; |
| (c) |
a declaration or other document which purports to have been issued by the government of, or any competent authority in, any foreign State, shall be prima facie evidence of the event, action or facts stated therein, and shall be admitted in evidence in any court; and |
| (d) |
the production of the prescribed documents which the director has in connection with the serving of an order or any notice regarding a control measure referred to in section 9(1)(c) obtained, shall be prima facie evidence of the fact that the relevant order has been received by the person on whom it was served, or that owners of animals have been notified as contemplated in the said section, and shall be admitted in evidence in any court. |
| (3) |
The provisions of subsections (1) and (2) shall, in so far as they can be applied, apply mutatis mutandis in civil proceedings resulting from the implementation of this Act. |
[Section 33(3) inserted by section 11(c) of Act No. 18 of 1991]
Intellectual Property Rights from Publicly Financed Research and
