Older Persons Act, 2006
R 385
Unemployment Insurance Act, 2001 (Act No. 63 of 2001)Chapter 8 : General62. Evidence |
| (1) | If any of the following documents are produced in a court of law, they are presumed to be certified by their author without proof of the author’s signature unless evidence is led to the contrary |
| (a) | A record of a decision made by the Director-General, the Board or any committee; |
| (b) | a copy of or extract from an entry in any book or record kept by the Director-General, the Board or any committee; or |
| (c) | any document filed with the Director-General, the Board or any committee. |
| (2) | In any proceedings under this Act, an affidavit purporting to be made by the Director-General is evidence of any of the following facts stated in the affidavit : |
| (a) | That any person or body of persons is an employer or a contributor under this Act; |
| (b) | that any person is or was lawfully required under this Act to pay any amount to the Director-General; or |
| (c) | that any amount referred to in paragraph (b) or any portion thereof had or had not been paid on a date specified in the affidavit. |
| (3) |
| (a) | A presiding officer at the proceedings in which any affidavit referred to in subsection (2) is presented in evidence, may of his or her own accord, or must at the request of any party to the proceedings, require the deponent under subpoena to give oral evidence, or answer any written question submitted to the presiding officer under oath. |
| (b) | Any question and answer from that deponent is admissible as evidence in the proceedings. |
| (4) | A contributor is presumed, unless the contrary is proved, to remain in the employ of an employer until that employer has notified the Director-General that the contributor is no longer employed with that employer. |
| (5) | In any proceedings under this Act, any of the following documents are admissible in evidence against an employer and constitute an admission of the facts contained in the document unless it is proved that the statement was not made by the employer : |
| (a) | A statement or entry contained in any book, record or document kept by any employer; |
| (b) | any such statement or entry found on any premises occupied by the employer; |
| (c) | any such statement or entry found on any vehicle used in the business of the employer; and |
| (d) | any copy or reproduction of any such statement or entry, certified by a commissioner of oath to be a true copy or reproduction of the original statement. |
| (6) | No answer to any question put by a person in the course of an enquiry in terms of section 60(2)(a) or by a labour inspector may be used against that person in any criminal proceedings except proceedings in respect of a charge of perjury or making a false statement. |
