Acts Online
GT Shield

Marine Living Resources Act, 1998 (Act No. 18 of 1998)

Chapter 7 : Judicial Matters

75. Photographic evidence

 

(1) If a photograph is taken of any fishing or related activity and the date and time on and position from which the photograph is taken are simultaneously superimposed upon the photograph, it shall be prima facie evidence that the photograph was taken on the date, at the time and in the position so appearing.

 

(2) The provisions of subsection (1) shall apply only when—
(a) the camera taking the photograph is connected directly to the instruments which provide the date, time and position concerned; and
(b) the instruments which provide the date, time and position are generally recognised as being accurate or are designated machines or were checked as soon as possible after the taking of the photograph against such instruments.

 

(3) Any fishery control officer or observer who takes a photograph contemplated in subsection (1) may issue a certificate appending the photograph stating the following:
(a) His or her name, address, official position, place of appointment and provision in terms of which he or she is appointed;
(b) the name and call sign, if known, of any fishing vessel appearing in the photograph;
(c) the brand and model names of the camera, watch, clock or other instruments supplying the date and time, including the position fixing instrument, and that he or she checked those instruments a reasonable time before and after the taking of the photograph and, if necessary, in accordance with subsection (2)(b), and that they all appeared to be working correctly;
(d) the matters set out in subsection (2)(a);
(e) the accuracy of the fixing instrument if used within specified limits;
(f) the maximum possible distance and the direction of the subject of the photograph away from the camera at the time the photograph was taken.

 

(4) Section 71 shall, with the necessary changes, apply to a certificate issued in terms of this section.