87Proof of certain matters

87. Proof of certain matters

(1) In any prosecution or legal proceeding under this Act instituted by or under the direction of an energy operator, unless evidence to the contrary is given in relation to the matter, no proof shall be required of any of the matters following —

(a) the constitution of the energy operator;

(b) any order of the energy operator to prosecute;

(c) the particular or general appointment of any officer of the energy operator to take proceedings against any person;

(d) the powers of any officer of the energy operator to prosecute;

(e) the appointment of a person as an officer of the energy operator;

(f) the presence of a quorum at any meeting at which any order is made or any act is done by the energy operator.

(2) The production of —

(a) a copy of the Government Gazette containing any regulation, by‑law, rule, order or notice purporting to have been made or given under this Act; or

(b) a copy purporting to be a true copy of any such regulation, by‑law, rule, order or notice certified as such under the hand of the chief executive officer of an energy operator,

shall, until evidence is given to the contrary, be evidence of the due making, existence, or giving of such regulation, by‑law, rule, order or notice and of its confirmation or approval and that all preliminary steps necessary to give full force and effect to the same have been duly observed.

(3) Where a record is produced and identified as the minutes, or an excerpt from, the minutes of the board of directors of an energy operator, that record shall, until evidence is given to the contrary, be prima facie evidence of the matters so recorded having taken place, and it shall not be necessary to prove —

(a) that the meeting to which the record relates was duly convened; or

(b) that other requirements relating to the regularity of the meeting were complied with; or

(c) that the minutes were confirmed, and that the signature purporting to be that of the person authorised to sign the confirmation of the minutes is in fact his signature and that he was so authorised.

(4) The provisions of this section —

(a) are in addition to and not in derogation of those of the Evidence Act 1906; and

(b) do not render valid a regulation or by‑law which has been disallowed under section 42 of the Interpretation Act 1984, or which is invalid.

[Section 87 amended: No. 101 of 1981 s. 19; No. 24 of 1986 s. 42; No. 89 of 1994 s. 32, 39 and 41; No. 58 of 1999 s. 83(1) and (3).]