| (1) |
The wife or husband of an accused shall be competent, but not compellable, to give evidence for the prosecution in criminal proceedings, but shall be competent and compellable to give evidence for the prosecution at such proceedings where the accused is charged with— |
| (a) |
any offence committed against the person of either of them or of a child of either of them or of a child that is in the care of either of them; |
| (b) |
any offence under Chapter 8 of the Child Care Act, 1983 (Act No. 74 of 1983), committed in respect of any child of either of them; |
| (c) |
any contravention of any provision of section 31(1) of the Maintenance Act, 1998, or of such provision as applied by any other law; |
| (e) |
incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; |
| (g) |
any contravention of any provision of section 2, 8, 9, 10, 11, 12, 12A, 13, 17 or 20 of the Sexual Offences Act, 1957 (Act No. 23 of 1957); |
| (gA) |
any contravention of any provision of section 17 or 23 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; |
| (h) |
perjury committed in connection with or for the purpose of any judicial proceedings instituted or to be instituted or contemplated by the one of them against the other, or in connection with or for the purpose of criminal proceedings in respect of any offence included in this subsection; |
| (i) |
the statutory offence of making a false statement in any affidavit or any affirmed, solemn or attested declaration if it is made in connection with or for the purpose of any such proceedings as are mentioned in paragraph (h). |
[Section 195(1) substituted by section 68 of Act No. 32 of 2007]
| (2) |
For the purposes of the law of evidence in criminal proceedings, "marriage" shall include a customary marriage or customary union concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law. |
[Section 195(2) substituted by section 4 of Act No. 18 of 1996]
Statistics Act, 1999
