Page:Internal Security Act 1982 South Africa.pdf/46

GOVERNMENT GAZETTE, 9 JUNE 1982

Rh

to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.

(b) 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 firearm or ammunition other than any firearm or ammunition referred to in paragraph (a), or so unlawfully had in his possession more than one such other firearm, and if in the opinion of the court the nature of that other firearm or firearms or of that ammunition or the circumstances in which the accused so had such other firearm, firearms or ammunition in his possession or the quantity thereof which the accused so had in his possession can justify the inference that the accused so had possession thereof with intent to commit therewith or in connection therewith in the Republic any of the acts contemplated in section 54 (1) (i) to (iv), inclusive, it shall be presumed, unless the contrary is proved, that the accused had the said other firearm, firearms or ammunition in his possession with intent to commit therewith or in connection therewith in the Republic, in order to achieve any of the objects specified in section 54 (1) (a) to (d), inclusive, any of the acts contemplated in section 54 (1) (i) to (iv), inclusive.

(7) (a) If it is relevant for the purposes of any prosecution for an offence in terms of section 54 (1) or (2), the court shall take notice of the fact that the objects of an unlawful organization specified in Schedule 4 include the achievement, by means of violence or threats of violence, of the object specified in section 54 (1) (a).

(b) The State President may from time to time by proclamation in the Gazette remove from or add to Schedule 4 the name of any unlawful organization specified in the proclamation.

(8) If in any prosecution against any person in which it is alleged that the offence charged was committed by way of protest against any law, or in support of any campaign against any law, or in support of any campaign for the repeal or modification of any law or for the variation or limitation of the application or administration of any law, it is proved that the offence was committed in the company of two or more other persons who have been or are being charged with having committed similar offences at the place where the offence which forms the subject of the prosecution was committed, and at the same time or approximately the same time as such offence was committed, it shall be presumed, unless the contrary is proved, that the offence was committed as alleged.

(9) A certificate purporting to have been signed by the Director, to the effect that a name specified therein appears on the consolidated list, shall, if such name corresponds substantially to that of an accused in any prosecution under this Act or to that of any party to any civil proceedings under or arising from the application of the provisions of this Act, on its mere production in such prosecution or civil proceedings, be prima facie proof of the fact that the name of such accused or of such party, as the case may be, appears on the consolidated list.

CHAPTER 8

70. (1) Without derogating from the provisions of section 4 (1), 5 (1), 18 (1), 19 (1) or (2) (b), 20 or 28 (1), the Minister may, before deciding to—