Page:Internal Security Act 1982 South Africa.pdf/45

GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

(2) If in any prosecution for an offence in terms of section 56 (1) (d) it is proved that the accused has changed his place of residence or employment, he shall be deemed to have failed to give notice thereof as required by the said section, unless the contrary is proved.

(3) If in any prosecution for an offence in terms of section 56 (1) (k) it is proved that the accused communicated with a person whose name appears on the consolidated list or in respect of whom any prohibition under this Act is in force, and that the name of that person corresponds substantially to a name which appears on the consolidated list as published in terms of section 16 (6) in the Gazette, or in particulars which have been published in the Gazette in terms of section 27 (2), it shall be presumed that the accused, when he communicated with that person, knew that the name of that person appeared on the consolidated list or that a prohibition under this Act was in force in respect of that person, as the case may be, unless the contrary is proved.

(4) In any prosecution for an offence in terms of this Act or in any civil proceedings arising from the application of the provisions of this Act, any document, book, record, pamphlet or other publication or written instrument—

which has been found in or removed from the possession, custody or control of the accused or any party to the proceedings or of any person who was at any time before or after the commencement of this Act an office-bearer or officer or a member or an active supporter of an organization of which the accused or the said party is alleged to be or to have been an office-bearer or officer or a member or an active supporter;

which has been found in or removed from any office or other premises occupied or used at any time before or after the commencement of this Act by any organization of which the accused or the said party is alleged to be or to have been an office-bearer or officer or a member or an active supporter, or by any person in his capacity as an office-bearer or officer of such organization; or

which on the face thereof has been compiled, kept, maintained, used, issued or published by or on behalf of any organization of which the accused or the said party is alleged to be or to have been an office-bearer or officer or a member or an active supporter, or by or on behalf of any person having a name corresponding substantially to that of the accused or the said party,

and any reproduction of such document, book, record, pamphlet, other publication or written instrument, shall be admissible in evidence against the accused or the said party to the proceedings, as the case may be, as prima facie proof of the contents thereof.

(5) If in any prosecution for an offence in terms of section 54 (1) or (2) it is proved that the accused has committed any act alleged in the charge, and if such act resulted or was likely to have resulted in the achievement of any of the objects specified in section 54 (1) (a) to (d), inclusive, it shall be presumed, unless the contrary is proved, that the accused has committed that act with intent to achieve such object.

(6) (a) If in any prosecution for an offence in terms of section 54 (1) the act with which the accused is charged, consists thereof, and it is proved, that he unlawfully had in his possession any automatic or semi-automatic rifle, machine gun, sub-machine gun, machine pistol, rocket launcher, recoilless gun or mortar, or any ammunition for or component part of such weaponry, or any grenade, mine, bomb or explosive, it shall be presumed, unless the contrary is proved, that the accused had the said weaponry, ammunition, component part, grenade, mine, bomb or explosive in his possession with intent