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Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965)

31. Procedure and evidence

 

(1) In any criminal proceedings under this Act—
(a) any quantity of a medicine, Scheduled substance, medical device or IVD in or upon any premises, place, vehicle, vessel or aircraft at the time a sample thereof is taken pursuant to the provisions of this Act shall, unless the contrary is proved, be deemed to possess the same properties as such sample;

[Section 31(1)(a) substituted by section 21(a) of Notice No. 19, GG 39585, dated 8 January 2016]

(b) [Section 31(1)(b) deleted by section 19(a) of Act No. 90 of 1997]
(c) a certificate stating the result of a test, examination or analysis carried out in terms of the provisions of section twenty-eight and purporting to be signed by the analyst, pharmacologist or pathologist who carried out such test, examination or analysis, shall be accepted as prima facie proof of the facts stated therein;
(d) any statement or entry contained in any book, record or document kept by any owner of a medicine, Scheduled substance, medical device or IVD or by the manager, agent or employee of such owner or found upon or in any premises occupied by, or any vehicle used in the business of, such owner, shall be admissible in evidence against him or her as an admission of the facts set forth in that statement or entry, unless evidence to the contrary which raises a reasonable doubt shows that statement or entry was not made by such owner, or by any manager, agent or employee of such owner in the course of his or her work as manager, or in the course of his or her agency or employment.

[Section 31(1)(d) substituted by section 21(b) of Notice No. 19, GG 39585, dated 8 January 2016]

 

(2) [Section 31(2) deleted by section 19(b) of Act No. 90 of 1997]

 

(3) The court in which any such certificate is adduced in evidence may in its discretion cause the person who signed such certificate 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 such interrogatories and any reply thereto, purporting to be a reply from such person, shall be admissible in evidence in such proceedings.