Section 188: Proceedings

188. Proceedings (1) Where it is averred, in any proceedings for an offence under this Act, that a person has unlawfully used a motor vehicle, or caused or permitted it to be so used, for hire or reward or for the conveyance of passengers at separate fares, and it is proved that the motor vehicle was not licensed to be used for that purpose, the Court may convict that person where, having regard to all the circumstances of the case, it can reasonable be inferred that he did so use, or cause or permit to be so used, the vehicle. (2) In all prosecutions before a Court, a certificate under the hand of— (a) the licensing officer; or (b) the Commissioner, shall be sufficient evidence of the facts stated in it, without proof of the handwriting of that officer, unless the Court decides that the attendance of the officer is necessary. [S. 188 amended by s. 14 of Act 11 of 2003 w.e.f. 1 June 2006.]