commission of the offence, a member of that association, shall be deemed to be guilty of the offence, unless it is proved that he did not take part in the commission of that offence: Provided that, if the business or affairs of the association are governed or controlled by a committee or other similar governing body, this subsection shall not apply to any person who was not at the time of the commission of the offence a member of that committee or other body. (9) In any proceedings against a member of an association of persons in respect of an offence, any record which was made or kept by any member, employee or agent of the association within the scope of his activities as such member, employee or agent, or any document which was at any time in the custody or under the control of any such member, employee or agent within the scope of his activities as such member, employee or agent including the accused, shall be admissible in evidence against the accused. [Subsection as amended by Act No. 23 of 2004] (10) For the purposes of subsection (9), any record made or kept by a member, employee or agent of an association or any document which was at any time in his custody or control shall be presumed to have been made or kept by him, or to have been in his custody or control, within the scope of his activiti es as such member, employee or agent, unless the contrary is proved. (11) This section shall be additional to, and not in substitution for, any other enactment which provides for criminal proceedings against corporate bodies or their directors or employees or against associations of persons or their members. 386 Provisions as to offences under two or more laws Where an act or omission constitutes an offence under two or more enactments the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either enactment or, as the case may be, under the enactment or the common law, but shall not be liable to more than one punishment for the act or omission constituting the offence. [Subsection amended by section 28 of Act 9 of 2006.] 387 Estimating age of person If in any criminal proceedings the age of any person is a relevant fact of which no or insufficient evidence is available in those proceedings, the judge or magistrate may estimate the age of such person by his appearance or from any information, including hearsay evidence, which may be available, and the age so estimated shall be deemed to be such person’s correct age unless it is subsequently proved that the said estimate was incorrect. 388 Binding over of persons to keep the peace (1) Where a complaint on oath is made to a magistrate that any person— (a) is conducting himself violently towards, or is threatening injury to, the person or property of another; or (b) has used language or behaved in a manner towards another likely to provoke a breach of the peace or assault; whether in a public or private place, the magistrate— (i) may order the person to appear before him; and (ii) if necessary, may cause that person to be arrested and brought before him; and (iii) when that person appears before him, shall inquire into the matter. (2) For the purposes of an inquiry in terms of subsection (1), the magistrate may— (a) order the person concerned to be kept in custody until the expiration of a period of fourteen days or the conclusion of the inquiry, whichever is the sooner; (b) take evidence on oath from the person concerned and the complainant and any other person. (3) After inquiring into the matter in terms of subsection (1), the magistrate may— (a) order the person against whom the complaint is made to enter into recognizances, with or without sureties, in an amount not exceeding the equivalent of a fine of level seven for a period not exceeding one year to keep the peace towards the complainant and refrain from doing or threatening injury to his person or property; and [Paragraph amended by section 4 of Act 22 of 2001.] (b) order the person against whom the complaint is made or the complainant to pay the costs of and incidental to the inquiry. (4) Any person who, having been ordered to give recognizances in terms of paragraph (a) of subsection (3), refuses or fails to do so may be committed to prison for a period not exceeding one month unless such recognizances are sooner found. (5) Upon information being made on oath that a person bound by recognizances referred to in paragraph (a) of subsection (3) has failed to observe the conditions of the recognizances, any magistrate— (a) may order the person to appear before him; and (b) if necessary, may cause that person to be arrested and brought before him; and (c) when that person appears before him, shall inquire into the matter.