Intellectual Property Rights from Publicly Financed Research and
R 385
Drugs and Drug Trafficking Act, 1992 (Act No. 40 of 1992)Chapter IV : Offences, Penalties, Presumptions and ForfeiturePresumptions and liability of employers and principals19. Presumptions relating to health matters |
| (1) | Whenever in any prosecution for an offence referred to in section 13(c), (d), (e) or (f) the question arises— |
| (a) | whether any person is or was practising a particular health service or cognate profession, it shall be presumed, until the contrary is proved, that such person is or was not practising the particular health service or cognate profession; |
| (b) | whether any person is or was any manufacturer of, or wholesale dealer in, pharmaceutical products, importer or exporter, it shall be presumed, until the contrary is proved, that such person is or was not any such manufacturer, wholesale dealer, importer or exporter; |
| (c) | whether any drug has been acquired or bought in terms of any oral instruction or prescription in writing of a medical practitioner, veterinarian, dentist or practitioner, it shall be presumed, until the contrary is proved, that such drug has not been acquired or bought in terms of any such instruction or prescription. |
| (2) | If in the prosecution of any person for an offence referred to in section 13(e) or (f) it is proved that the accused was found in possession of a quantity of drugs which exceeds the quantity of such drugs which the accused could have acquired or bought for medicinal purposes in terms of a particular oral instruction or a particular prescription in writing of a medical practitioner, veterinarian, dentist or practitioner, it shall be presumed, until the contrary is proved, that the accused dealt in such drugs. |
