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Trade Metrology Act, 1973 (Act No. 77 of 1973)

Chapter III : Inspection, Examination and Confiscation

16. Presumptions regarding use and possession of certain measuring instruments and determination of quantities of goods

 

 

(1) If in any prosecution for an offence under this Act, it is necessary in order to establish the charge against the accused, to prove—
(a) that the accused did at any time or place use for any prescribed purpose or have in his possession for such purpose any measuring instrument, and it is proved that at such place and time he performed any activity regarding such purpose and that such measuring instrument was then in his possession, it shall be presumed that the accused at that time used for such purpose or had in his possession for such purpose, such measuring instrument, until the contrary is proved; or
(b) that the accused did at any time or place sell or have in his possession for sale any goods or articles, and it is proved that at that time and place he carried on trade and that such goods or other articles were then in his possession, it shall be presumed that at that time and place he sold or had in his possession for sale such goods or articles, until the contrary is proved;
(c) that a notice under section 19(1) should, in respect of any measuring instrument, have been complied with, it shall be presumed that at all relevant times the accused possessed such measuring instrument for a prescribed purpose in the area to which the notice in question applies, until the contrary is proved.

[Paragraph (c) substituted by section 7 of Act No. 17 of 1993.]

 

(2) If in any prosecution for all offence under this Act it is proved that any inspector, examiner or employee referred to in section 13(1), or any policeman, in the exercise of his duties under section 13(2)(f) used any measuring instrument referred to in section 11 or any certified measuring instrument in order to determine the quantity of any goods, it shall be presumed that the quantity so determined is the actual quantity of such goods, until the contrary is proved.