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Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)

Chapter X : Legal procedures

93. Evidence

 

(1) The record of any decision or award made by the Director-General, and a copy of or extract from a record or document kept by the Director-General or lodged with him, which purports to be certified by the Director-General as a true copy or extract shall upon its mere production in a court of law be prima facie evidence of the content of such record or document.

 

(2) In any proceedings in terms of this Act, or in any court of law, any document purporting to be a sworn statement made by the Director-General or an authorised person referred to in section 7(2), and in which it is stated—
(a) that any person is an employer, a mandator, a contractor, an employee or a dependant of an employee in terms of this Act;
(b) that any person is or was required in terms of this Act to pay an amount to the Director-General or to an employee or other person specified in the statement;
(c) that an amount referred to in paragraph (b), or any portion thereof, has or has not been paid on a date specified in the statement;
(d) that he has exercised a power under this Act,

shall upon its mere production be prima facie evidence of the facts stated therein.

 

(3) The person presiding at the court or other proceedings referred to in subsection (1) or (2) may cause the person who has made a sworn statement referred to in subsection (2) to be subpoenaed to give viva voce evidence or cause written interrogatories to be sent to him for answering and a document purporting to be a sworn statement with the answers of that person shall upon its mere production be prima facie evidence of the facts stated therein.