(1) In any proceedings where it is desired to give a statement in evidence in accordance with section 55, a certificate—
(a) identifying the document containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a device;
(c) dealing with any of the matters mentioned in subsection (1) of section 55; and
(d) purporting to be signed by a person occupying a responsible position in relation to the operation of the device or process,
shall be evidence of anything stated in it and for the purposes of this section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(2) Despite subsection (1), a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that subsection.
(3) Any person who, in a certificate tendered under subsection (1) in a court, makes a statement which he or she knows to be false or does not believe to be true commits an offence and is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000 or to both;
(b) on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $2,000 or to both.
(4) In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular to the question whether or not the information contained in the statement reproduces or is derived from information which was—
(a) supplied to the relevant device or process; or
(b) recorded for the purpose of being supplied to the relevant device or process, contemporaneously with the occurrence or existence of the facts dealt with in that information.
(5) For the purposes of subsection (4), information shall be taken to be supplied to a device or process whether it is supplied directly, or, with or without human intervention, by means of any appropriate equipment.
(Amended by Act 16 of 2006)