The Minister for Justice and Constitutional Development has, in consultation with the Minister for Finance, under section 51 bis of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and section 42 of the Supreme Court Act, 1959 (Act 59 of 1959), prescribed the tariff of allowances in the Schedule.

Schedule

1        Definitions

In this Schedule any word or expression to which a meaning has been assigned in the Acts shall bear the meaning so assigned to it and unless the context otherwise indicates—

"court manager" means the person in control of the administration of a magistrate's office;

"registrar" includes assistant registrar;

"the Acts" means the Magistrates' Courts Act, 1944 (Act 32 of 1944), and the Supreme Court Act, 1959 (Act 59 of 1959); and

"witness" means a person who attends a civil case as a witness.

2        Subsistence allowance

3        Transport and travelling expenses

4        Income forfeited

On satisfactory proof having been produced that a witness has forfeited income as a result of his or her attendance of a civil case, he or she is, in addition to the allowance that may be payable to the witness in terms of regulation 2, entitled to an allowance equal to the actual amount of income so forfeited, subject to a maximum of R1 500.00 per day.

5        Supplementary provisions

The court manager, registrar or taxing master of a High Court may approve—

to a witness if he or she is of the opinion that fairness so requires but with due regard to the principle that a witness should not be remunerated for the evidence given in a court of law; or

if he or she is satisfied that the application of the provisions of this Schedule may cause financial hardship.