WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA (g) refuses or fails to furnish information or give an explanation or to answer to the best of his ability to a question lawfully demanded from or put to him by a person referred to in section 18 (1) in the exercising of his powers or the carrying out of his duties under this Act or a scheme, or furnishes information, an explanation or an answer to such person which is false or misleading, knowing that it is false or misleading; (h) tampers with a sample taken in terms of section 18 (2) (e), or the identification or seal of such sample; (i) sells, removes or tampers with a liquor product, material, substance or other article, or a book or document seized in terms of section 19, or tampers with an identification mark or other seal attached thereto in terms of that section; (j) falsely holds himself out to be an analyst; (k) effects any unauthorized alteration, deletion or entry on any certificate which has been issued in terms of this Act, shall be guilty of an offence. (2) Any person who is convicted of an offence under this Act shall– (a) on a first conviction of an offence referred to in paragraph (a), (c), (d), (e), (f) or (g) of subsection (1), be liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding two years or to both that fine and that imprisonment; (b) on a second or subsequent conviction of an offence mentioned in paragraph (a), whether it be the same offence or some other offence mentioned in that paragraph, be liable to a fine not exceeding R16 000 or to imprisonment for a period not exceeding four years or to both that fine and that imprisonment; (c) on a first conviction of an offence referred to in paragraph (b), (h), (i), (j) or (k) of subsection (1), be liable to a fine not exceeding R2 000 or to imprisonment for a period not exceeding six months or to both that fine and that imprisonment; and (d) on a second or subsequent conviction of an offence mentioned in paragraph (c), whether it be the same offence or some other offence mentioned in that paragraph, be liable to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year or to both that fine and that imprisonment. 24. Presumptions and evidence.– In any prosecution under this Act– (a) it shall be presumed, unless the contrary is proved, that the applicable provisions of this Act or a scheme apply to the product in respect of which the offence concerned has allegedly been committed; (b) any quantity of a liquor product, material, substance or other article in or upon any place, premises or conveyance when a sample thereof is taken in accordance with the provisions of this Act shall, unless the contrary is proved, be deemed to be of the same composition as that sample, and to possess in all other respects the same properties as that sample; (c) a certificate referred to in section 20 (3) in which the result of a test, examination or analysis carried out in terms of section 20 (2) is recorded, and which purports to be signed by the analyst who carried out that test, examination or analysis, shall be accepted as prima facie proof of the facts mentioned therein; (d) any statement or entry contained in any book or document kept by any person or the manager, agent or employee of such person, or found in or upon any place or premises occupied by, or any vehicle used in the business of, such person, shall be admissible in evidence against him as an admission of the facts set forth in that statement or entry, unless it is proved that such statement or entry was not made by such person, or by the manager, agent or employee of such person in the course of his work as manager or in the course of his agency or employment; and (e) it shall be presumed, unless the contrary is proved, that a permit, authorization, consent, approval, certificate or other document has not been issued, given or granted to any person who in terms of this Act or a scheme is required to be in possession thereof. ZA011EN Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11) page 18 / 25