Presumptions

(1) For purposes of this section “residential premises” does not include a hotel, hostel, or an apartment building, but includes a room or suite in a hotel, a room in a hostel and an apartment in an apartment building.

(2) Whenever a person is charged in terms of this Act with an offence of which the possession of a firearm or ammunition is an element, and the State can show that despite the taking of reasonable steps it was not able with reasonable certainty to link the possession of the firearm or ammunition to any other person, the following circumstances will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence of possession by that person of the firearm or ammunition where it is proved that the firearm or ammunition was found—

Uncommenced amendment

(2) Whenever a person is charged in terms of this Act with an offence of which the possession of a firearm, muzzle loading firearm or ammunition is an element, and the State can show that despite the taking of reasonable steps it was not able with reasonable certainty to link the possession of the firearm, muzzle loading firearm or ammunition to any other person, the following circumstances will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence of possession by that person of the firearm, muzzle loading firearm or ammunition where it is proved that the firearm or ammunition or muzzle loading firearm was found— [S 117(2), words preceding (a), substituted by s 37(a) of Act 28 of 2006 with effect from date to be proclaimed.]

(a) on residential premises and the person was, at the time—

(i) in control of such premises; or

(ii) over the age of 16 years and ordinarily resident at such premises;

(b) buried in or hidden on land used for residential purposes and the person was, at the time—

[S 117(2)(b), words preceding (i), substituted by s 14(a) of Act 43 of 2003.]

(i) in control of such land;

(ii) employed to work on the land in or on which the firearm or ammunition was found; or

(iii) over the age of 16 years and ordinarily resident on such land;

(c) on premises other than residential premises and the person was, at the time—

(i) in control of such premises;

(ii) ordinarily employed on the premises;

(iii) present in the immediate vicinity of the place on the premises where the firearm or ammunition was found and the circumstances indicate that the firearm or ammunition should have been visible to that person; or

Uncommenced amendment

(iii) present in the immediate vicinity of the place on the premises where the firearm, muzzle loading firearm or ammunition was found and the circumstances indicate that the firearm, muzzle loading firearm or ammunition should have been visible to that person; or

[S 117(2)(c)(iii) substituted by s 37(b) of Act 28 of 2006 with effect from date to be proclaimed.]

(iv) in control of a locker, cupboard or other container within which the firearm or ammunition was found;

Uncommenced amendment

(iv) in control of a locker, cupboard or other container within which the firearm, muzzle loading firearm or ammunition was found;

[S 117(2)(c)(iv) substituted by s 37(b) of Act 28 of 2006 with effect from date to be proclaimed.]

(d) in or on a vehicle and the person was, at the time—

(i) the driver of the vehicle;

(ii) the person in charge of the vehicle;

(iii) in control of all the goods on the vehicle;

(iv) the consignor of any goods in or among which the firearm or ammunition was found;

Uncommenced amendment

(iv) the consignor of any goods in or among which the firearm, muzzle loading firearm or ammunition was found;

[S 117(2)(d)(iv) substituted by s 37(c) of Act 28 of 2006 with effect from date to be proclaimed.]

(v) the only person who had access to the firearm or ammunition;

Uncommenced amendment

(v) the only person who had access to the firearm, muzzle loading firearm or ammunition;

[S 117(2)(d)(v) substituted by s 37(c) of Act 28 of 2006 with effect from date to be proclaimed.]

(vi) the employer of the driver of the vehicle and present on the vehicle; or

(vii) over the age of 16 years and present on the vehicle;

(e) on any aircraft other than an aircraft which was used to convey passengers for gain, and the person was at the time—

(i) present on the aircraft and in charge of the aircraft; or

(ii) over the age of 16 years and present on the aircraft;

(f) in the hold of an aircraft and the person was, at the time, the person in charge of the goods in the hold;

(g) in a place on an aircraft or vessel—

(i) to which no one besides the person had access; or

(ii) where the circumstances indicate that the firearm or ammunition should have been visible to no one besides the person;

Uncommenced amendment

(ii) where the circumstances indicate that the firearm, muzzle loading firearm or ammunition should have been visible to no one besides the person;

[S 117(2)(g)(ii) substituted by s 37(d) of Act 28 of 2006 with effect from date to be proclaimed.]

(h) on any vessel other than a vessel which was used to convey passengers for gain, and the person was, at the time—

(i) in charge of that vessel or that part of the vessel in which the firearm or ammunition was found;

(ii) ordinarily employed in the immediate vicinity of the place on the vessel where the firearm or ammunition was found; or

(iii) over the age of 16 years and present in that part of the vessel; or

Uncommenced amendment

(h) on any vessel other than a vessel which was used to convey passengers for gain, and the person was, at the time—

(i) in charge of that vessel or that part of the vessel in which the firearm, muzzle loading firearm or ammunition was found;

(ii) ordinarily employed in the immediate vicinity of the place on the vessel where the firearm, muzzle loading firearm or ammunition was found; or

(iii) over the age of 16 years and present in that part of the vessel; or

[S 117(2)(h) substituted by s 37(e) of Act 28 of 2006 with effect from date to be proclaimed.]

(i) in the cargo of a vessel and the person was, at the time—

(i) in control of the cargo of the vessel; or

(ii) the consignor of any goods in or among which the firearm or ammunition was found.

Uncommenced amendment

(i) in the cargo of a vessel and the person was, at the time—

(i) in control of the cargo of the vessel; or

(ii) the consignor of any goods in or among which the firearm, muzzle loading firearm or ammunition was found.

[S 117(2)(i) substituted by s 37(e) of Act 28 of 2006 with effect from date to be proclaimed.]

(3) In any criminal proceedings against a person where it is alleged that such person has injured or killed another person or has damaged property belonging to another person, the following circumstances will, in the absence of evidence to the contrary which raises a reasonable doubt, be sufficient evidence that such person participated in the injury, killing or damage, where it is proved that—

(a) the person was driving, or was a passenger in, a vehicle other than a vehicle designed or licensed to convey more than 20 passengers;

[S 117(3)(a) substituted by s 14(b) of Act 43 of 2003.]

(b) a firearm was discharged from that vehicle while the person was driving or was a passenger in the vehicle; and

Uncommenced amendment

(b) a firearm or muzzle loading firearm was discharged from that vehicle while the person was driving or was a passenger in the vehicle; and

[S 117(3)(b) substituted by s 37(f) of Act 28 of 2006 with effect from date to be proclaimed.]

(c) as a result of such discharge, a person was injured or killed, or property was damaged.

[S 117 commencement: 1 July 2004.]

(1) Whenever a person is charged with an offence in terms of this Act of failing to report the loss, theft or destruction of a firearm and it is proved that such person was, at the time, the licensed or authorised possessor of the firearm alleged to have been lost, stolen or destroyed, proof that the person has failed to produce such firearm within seven days of the request by a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the firearm has been lost, stolen or destroyed.

Uncommenced amendment

(1) Whenever a person is charged with an offence in terms of this Act of failing to report the loss, theft or destruction of a firearm, or dispossession of a firearm, and it is proved that such person was, at the time, the licensed or authorised possessor of the firearm alleged to have been lost, stolen or destroyed or dispossessed of, proof that the person has failed to produce such firearm within seven days of the request by a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the firearm has been lost, stolen, destroyed or dispossessed of.

[S 118(1) substituted by s 38 of Act 28 of 2006 with effect from date to be proclaimed.]

(2) Whenever a person is charged with an offence in terms of this Act of failing to furnish information or particulars on request of a police official and it is proved that such person was, at the time, the licensed or authorised possessor of the firearm alleged to have been lost, stolen or destroyed, proof that the person has failed to produce such information or particulars within seven days of the request of a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the person has failed to furnish such information or particulars.

[S 118 commencement: 1 July 2004.]

Whenever a person is charged in terms of this Act with an offence of failing to take reasonable steps to ensure that no firearm or ammunition is brought onto premises, a vehicle, a vessel or an aircraft under his or her ownership or control in contravention of this Act, proof that the firearm or ammunition was brought onto premises, a vehicle, a vessel or an aircraft under his or her ownership or control, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that he or she failed to take such reasonable steps.

[S 119 commencement: 1 July 2004.]