| 1) |
Proof of publication in the Gazette of a notice in terms of section 13, 16, 30, 39 or 47 shall be conclusive proof that all the provisions of this Act in respect of matters precedent or incidental to the publication of the notice have been complied with. |
| 2) |
In the absence of satisfactory proof of the age of a particular person, the age of that person shall, in any proceedings in terms of this Act, be deemed to be that stated by a training adviser or authorised person to be in his opinion the probable age of that person, but any interested person who is dissatisfied with that statement may require that the person whose age is in question appear before and be examined by a district surgeon at the expense of the said interested person, and a statement contained in a certificate by the district surgeon who examined that person as to what in his opinion is the probable age of that person, shall, for the purposes of the said proceedings, be conclusive proof of the age of that person. |
| 3) |
Whenever in any proceedings in terms of this Act it is proved that any person was at any time present upon or in any premises on or in which any particular industry was being carried on, or in any vehicle used in the carrying on of that industry, that person shall, unless the contrary is proved, be deemed then to have been an employee of the person who at that time carried on that industry on or in those premises. |
| 4) |
A minor or apprentice shall be deemed to be working in a designated trade during any period during which he is present on or in any premises on or in which that trade is being carried on: Provided that if it is proved that any minor or apprentice had not worked during any portion of any such period, the presumption provided for in this sub-section shall not apply in respect of the minor or apprentice with reference to that portion of the period. |
| 5) |
In any proceedings in terms of this Act, any statement or entry contained in any book or document or in any microfilm or other microform reproduction of such a book or document kept by any employer or by his manager, agent or employee, or found upon or in any premises occupied by that employer, or in any vehicle used in the business of that employer, shall be admissible in evidence against him as an admission of the facts set forth in that statement or entry, unless it is proved that that statement or entry was not made by that employer, or by any manager, agent or employee of that employer in the course of his work as manager or in the course of his agency or employment. |
| 6) |
If an employer has, in respect of any period, failed to keep the records which he is in terms of section 44 required to keep, or to retain such records for the period specified in subsection (3) of that section, or has falsified such records or caused them to be falsified, then in any proceedings under this Act, an employee employed by him during the period in respect of which the failure or the falsification has occurred shall be presumed to have worked in his employment each week during the whole period of his employment falling within the period in respect of which the failure or falsification occurred, not less than the ordinary number of hours which the employee was by virtue of the provisions of this Act required so to work: Provided that if it is proved what hours any such employee actually worked during any particular week during the period of his employment falling within the period in respect of which the failure or falsification occurred, the presumption provided for in this subsection shall not apply in respect of that employee in relation to that week. |
| 7) |
Whenever in any proceedings in terms of this Act it is proved that any incorrect statement or entry is contained in any record kept by any person in terms of this Act, that person shall be presumed, unless the contrary is proved, to have made that statement or entry knowing it to be incorrect. |
| 8) |
Whenever any person is charged in terms of the provisions of section 50(1) with a failure to pay to any person employed by him during any period the remuneration which he in terms of - |
| c) |
any directive issued or deemed to have been issued in terms of section 30; or |
| d) |
the provisions of a certificate issued or deemed to have been issued in terms of section 47(3), |
was required to pay to that person in respect of that period, and it is proved that that person was employed by the accused during any period covered by the charge and that in terms of that contract, condition of apprenticeship or notice or in terms of the provisions of that certificate, as the case may be, the accused was required to pay to that person a certain amount as remuneration in respect of that period, the accused shall be presumed, unless the contrary is proved, not to have paid that amount to that person.
| 9) |
Whenever any person is charged in terms of the provisions of section 50(3) with having, in contravention of the provisions of section 48(1) and by reason of a suspicion or belief referred to in that section and specified in the charge - |
| a) |
dismissed any person from his employment; |
| b) |
reduced the rate of such person’s remuneration; |
| c) |
otherwise altered the conditions of service of such a person to conditions less favourable to him; or |
| d) |
altered to his disadvantage the position of such a person relatively to other persons employed by the accused, |
and it is proved that the accused has committed any of the deeds referred to in paragraphs (a) to (d) , inclusive, it shall be presumed, unless the contrary is proved, that the accused has so acted by reason of the suspicion or belief specified in the charge.
| 10) |
Whenever any person is charged in terms of the provisions of section 50(2)(b) with having furnished or made or caused to be furnished or made any return or statement knowing such return or statement to be false in respect of any particular thereof specified in the charge, and it is proved that such return or statement is false in respect of the said particular thereof, it shall be presumed, unless the contrary is proved, that the accused has furnished or made such return or statement or caused it to be furnished or made, knowing such return or statement to be false in respect of the said particular thereof. |
| 11) |
Any record purporting to be the minutes of a meeting of the board, a committee, a training board or a training committee and purporting to have been signed by a person describing himself as the chairman or acting chairman of the board or the committee, training board or training committee in question shall, on its mere production by any person, be prima facie proof of the proceedings recorded therein. |
| 12) |
Whenever any person is charged in terms of the provisions of section 50(1)(e) with a contravention of section 20(4), it shall be presumed, unless the contrary is proved, that the reduction in the hours or days of employment, or the lending or borrowing of the services of an apprentice, as the case may be, to which the charge relates, has not been authorised by the training board in question as required by section 20. |
| a) |
In any proceedings under this Act, an affidavit purporting to have been made by the Minister, an officer to whom the Minister has or is deemed to have delegated any of his powers in terms of section 47(6), the registrar or the secretary of any training board or training committee, as the case may be, in which it is stated that on the date or between the dates specified in the affidavit - |
| i) |
the Minister or the registrar, as the case may be, reached a decision on an appeal in terms of section 41; or |
| ii) |
the Minister or the said officer granted any exemption in terms of section 47(3); or |
| iii) |
the registrar reached a decision or gave any authority or issued or varied any direction or order, as the case may be, under any provision of this Act; or |
| iv) |
the training board concerned in terms of this Act, its constitution or its conditions of apprenticeship reached a decision or gave any authority or issued or varied any direction or order, as the case may be; or |
| v) |
the said secretary received a notice in terms of section 15(1) from any person and in connection with any employment so specified; or |
| vi) |
the Minister or the said officer withdrew any exemption granted in terms of section 47(3) or amended the conditions on which it was granted; or |
| vii) |
the training board concerned withdrew or amended any order issued by it in terms of section 19; or |
| viii) |
the said secretary did not receive any notice in terms of section 15(1) from any person and in connection with any employment so specified; or |
| ix) |
an apprentice so specified did not attend any class prescribed in terms of section 13(2)(d) and so specified, or did not complete any paper, so specified, in connection with correspondence courses prescribed in terms of section 13(2)(e), |
and setting out, in the cases referred to in paragraphs (i) to (v), inclusive, the terms of the decision, exemption, authority, direction or order or variation thereof or notice, and, in a case referred to in paragraph (ix), particulars of the classes or papers in question, shall, on its mere production in those proceedings by any person, but subject to the provisions of paragraph (b), be prima facie proof of the facts stated therein.
| b) |
The person presiding at the proceedings at which any such affidavit is adduced in evidence may cause the Minister, the said officer, the registrar or the said secretary, as the case may be, to be summoned to give oral evidence in the proceedings in question, or may cause written interrogatories to be submitted to him for reply, and the interrogatories and any reply on oath thereto purporting to be a reply from the Minister, the said officer, the registrar or the said secretary, as the case may be, shall in like manner be admissible as evidence in the proceedings. |
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