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Protection of Information Act, 1982 (Act No. 84 of 1982)

8. Communication with agent proof of certain facts

 

(1) If in any prosecution upon a charge under section 3, or upon a charge under section 4(1) in connection with the publication or disclosure of a secret official code or password or a document, model, article or information as referred to in that section, it is proved that the accused—
(a) has been in communication, or has attempted to communicate, with an agent in the Republic or elsewhere; or
(b) is an agent or is being or has been or is reasonably suspected of being or having been directly or indirectly used by a foreign or international body or institution, or has entered or is within the Republic in contravention of any law,

it shall, unless the contrary is proved, be presumed that the document, model, article or information referred to in section 3 has been prepared, compiled, made, obtained or received, or the secret official code or password or the model, article, document or information referred to in section 4(1) has been published or disclosed, as the case may be, for purposes of the disclosure thereof to a foreign State or to a hostile organization.

 

(2) For the purposes of subsection (1)—
(a) a person shall, unless he proves the contrary, be presumed to have been in communication with an agent if—
(i) he has, in the Republic or elsewhere, visited the address of an agent or associated with an agent; or
(ii) in the Republic or elsewhere, the name or address of or any other information regarding an agent has been found in his possession or under his control, or has been supplied by him to any other person or has been obtained by him from any other person;
(b) any address, in the Republic or elsewhere, reasonably suspected to be an address used for the receipt of communications intended for an agent, or at which an agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of an agent, and any person who addresses communications to such address shall be deemed to have been in communication with an agent.