| (1) |
When the magistrate who considers the application requires additional evidence as contemplated in section 31(1) of the Act, the clerk of the court must— |
| (a) |
where oral evidence is to be led confirm the date and time, as determined by the magistrate, with the investigating officer personally, both telephonically and confirmed in writing; and |
| (b) |
where further affidavits are to be filed, telephonically and confirmed in writing, require the investigating officer to obtain the affidavits as identified by the magistrate. |
(2)
| (a) |
Where oral evidence is to be led, the investigating officer must— |
| (i) |
inform the victim, interested person or other witness of the arranged date and time to appear before the magistrate; and |
| (ii) |
if the alleged offender is required to testify— |
| (aa) |
bring him or her on the arranged date and time to appear before the magistrate, if he or she is in custody; or |
| (bb) |
inform him or her of the arranged date and time to appear before the magistrate, if he or she is not in custody. |
| (b) |
Where further evidence is required by affidavit, the investigating officer must— |
| (i) |
obtain the required affidavit or affidavits from the person or persons as identified by the magistrate as soon as is reasonably practicable or within the period determined by the magistrate; and |
| (ii) |
place the affidavit or affidavits in a sealed envelope marked "Confidential/Vertroulik", reflecting the case number, name, rank and force number of the investigating officer, |
and hand it to the clerk of the court, who must forthwith submit it together with the file containing the application referred to in regulation 3 to the magistrate.
Traditional Health Practitioners Act, 2007
