| (a) |
Whenever criminal proceedings are pending before any court and it appears to such court on application made to it that the examination of any witness who is resident in the Republic is necessary in the interests of justice and that the attendance of such witness cannot be obtained without undue delay, expense or inconvenience the court may dispense with such attendance and issue a commission to any magistrate. |
[Section 171(1)(a) substituted by section 36 of Act No. 75 of 1996]
| (b) |
The specific matter with regard to which the evidence of the witness is required, shall be set out in the relevant application, and the court may confine the examination of the witness to such matter. |
| (c) |
Where the application is made by the State, the court may, as a condition of the commission, direct that the costs of legal representation for the accused at the examination be paid by the State. |
| (a) |
The magistrate to whom the commission is issued, shall proceed to the place where the witness is or shall summon the witness before him or her, and take down the evidence in the manner set out in paragraph (b). |
[Section 171(2)(a) substituted by section 36 of Act No. 75 of 1996]
| (b) |
The witness shall give his or her evidence upon oath or affirmation, and such evidence shall be recorded and read over to the witness, and if he or she adheres thereto be subscribed by him or her and the magistrate concerned. |
[Section 171(2)(b) substituted by section 36 of Act No. 75 of 1996]
| (c) |
[Section 171(2)(c) deleted by section 36 of Act No. 75 of 1996] |
Statistics Act, 1999
