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Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998)

Part 8 : Law enforcement

42. Evidential matters

 

(1) Any document which purports to be a permit issued under this Act, or a copy of such a permit certified as a true copy by a person who purports to be an officer of the Regulatory Committee or an officer of the competent authority of any other state with which an agreement referred to in section 2(1) has been concluded, which issued the original permit, is on its production by any person in any prosecution under this Act, admissible in evidence and is adequate proof that it is such a permit which has been validly issued under this Act, or that it is a true copy of such a permit, as the case may be, and that every statement contained in it is correct, unless the contrary is proved.

 

(2) Any document which states that a vehicle described in it is, under the relevant South African law relating to the registration of vehicles or the similar law of a state with which the Republic has concluded an agreement in terms of section 2(1), registered in the name of a person named in it, and which purports to have been issued by the authority charged with the registration of vehicles under the said law at the place where such vehicle is registered under it, is on its production by any person in any prosecution under this Act, admissible in evidence and is adequate proof of the correctness of the statements contained in it, unless the contrary is proved.

 

(3) Whenever in any proceedings the question arises whether a permit has been issued or a vehicle been registered under the law of any state with whom an agreement referred to in section 2(1) has been concluded thereunder, a document, purporting to be an affidavit made by a person who in that affidavit alleges that he or she is a person upon whom the law in question confers the power to or imposes the duty to issue permits or register vehicles and that he or she has issued the permit or registered the vehicle or that he or she has satisfied himself or herself that the permit has been issued or that the vehicle has been registered under that law, is prima facie proof that such permit has been issued or that such vehicle has been registered.