| (1) |
For purposes of this section "residential premises" does not include a hotel, hostel, or an apartment building, but includes a room or suite in a hotel, a room in a hostel and an apartment in an apartment building. |
| (2) |
Whenever a person is charged in terms of this Act with an offence of which the possession of a firearm, muzzle loading firearm or ammunition is an element, and the State can show that despite the taking of reasonable steps it was not able with reasonable certainty to link the possession of the firearm, muzzle loading firearm or ammunition to any other person, the following circumstances will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence of possession by that person of the firearm, muzzle loading firearm or ammunition where it is proved that the firearm or ammunition or muzzle loading firearm was found— |
| (a) |
on residential premises and the person was, at the time— |
| (i) |
in control of such premises; or |
| (ii) |
over the age of 16 years and ordinarily resident at such premises; |
| (b) |
buried in or hidden on land used for residential purposes and the person was, at the time— |
| (i) |
in control of such land; |
| (ii) |
employed to work on the land in or on which the firearm or ammunition was found; or |
| (iii) |
over the age of 16 years and ordinarily resident on such land; |
| (c) |
on premises other than residential premises and the person was, at the time— |
| (i) |
in control of such premises; |
| (ii) |
ordinarily employed on the premises; |
| (iii) |
present in the immediate vicinity of the place on the premises where the firearm, muzzle loading firearm or ammunition was found and the circumstances indicate that the firearm, muzzle loading firearm or ammunition should have been visible to that person; or |
[Section 117(2)(c)(iii) substituted by section 37(b) of Act No. 28 of 2006]
| (iv) |
in control of a locker, cupboard or other container within which the firearm, muzzle loading firearm or ammunition was found |
[Section 117(2)(c)(iv) substituted by section 37(b) of Act No. 28 of 2006]
| (d) |
in or on a vehicle and the person was, at the time— |
| (i) |
the driver of the vehicle; |
| (ii) |
the person in charge of the vehicle; |
| (iii) |
in control of all the goods on the vehicle; |
| (iv) |
the consignor of any goods in or among which the firearm, muzzle loading firearm or ammunition was found; |
[Section 117(2)(d)(iv) substituted by section 37(c) of Act No. 28 of 2006]
| (v) |
the only person who had access to the firearm, muzzle loading firearm or ammunition; |
[Section 117(2)(d)(v) substituted by section 37(c) of Act No. 28 of 2006]
| (vi) |
the employer of the driver of the vehicle and present on the vehicle; or |
| (vii) |
over the age of 16 years and present on the vehicle; |
| (e) |
on any aircraft other than an aircraft which was used to convey passengers for gain, and the person was at the time— |
| (i) |
present on the aircraft and in charge of the aircraft; or |
| (ii) |
over the age of 16 years and present on the aircraft; |
| (f) |
in the hold of an aircraft and the person was, at the time, the person in charge of the goods in the hold; |
| (g) |
in a place on an aircraft or vessel— |
| (i) |
to which no one besides the person had access; or |
| (ii) |
where the circumstances indicate that the firearm, muzzle loading firearm or ammunition should have been visible to no one besides the person; |
[Section 117(2)(g)(ii) substituted by section 37(d) of Act No. 28 of 2006]
| (h) |
on any vessel other than a vessel which was used to convey passengers for gain, and the person was, at the time— |
| (i) |
in charge of that vessel or that part of the vessel in which the firearm, muzzle loading firearm or ammunition was found; |
| (ii) |
ordinarily employed in the immediate vicinity of the place on the vessel where the firearm, muzzle loading firearm or ammunition was found; or |
| (iii) |
over the age of 16 years and present in that part of the vessel; or |
[Section 117(2)(h) substituted by section 37(e) of Act No. 28 of 2006]
| (i) |
in the cargo of a vessel and the person was, at the time— |
| (i) |
in control of the cargo of the vessel; or |
| (ii) |
the consignor of any goods in or among which the firearm, muzzle loading firearm or ammunition was found. |
[Section 117(2)(i) substituted by section 37(e) of Act No. 28 of 2006]
[Section 117(2) substituted by section 37(a) of Act No. 28 of 2006]
| (3) |
In any criminal proceedings against a person where it is alleged that such person has injured or killed another person or has damaged property belonging to another person, the following circumstances will, in the absence of evidence to the contrary which raises a reasonable doubt, be sufficient evidence that such person participated in the injury, killing or damage, where it is proved that— |
| (a) |
the person was driving, or was a passenger in, a vehicle other than a vehicle designed or licensed to convey more than 20 passengers; |
| (b) |
a firearm was discharged from that vehicle while the person was driving or was a passenger in the vehicle; and |
[Section 117(3)(b) amended by section 37(f) of Act No. 28 of 2006]
| (c) |
result of such discharge, a person was injured or killed, or property was damaged. |
Tax Administration Act, 2011
