Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 12 : Delegation of Powers, Acts and Omissions Taking Place Outside Republic, Jurisdiction, Extradition and Admissibility of Certain Statements153. Admissibility of certain statements |
| (1) | If in any proceedings, before a court in the Republic for an offence committed on board an aircraft the evidence of any person is required and the court is satisfied that that person cannot be found in the Republic, any statement relating to the subject matter is admissible as evidence if it is made on oath by that person to an officer having functions corresponding to the functions, in the Republic, either of a judge or of a magistrate or of a consular officer and which affidavit is authenticated in terms of Rule 63 of the Uniform Rules of Court published under section 43 of the Supreme Court Act, 1959 (Act No. 59 of 1959). |
| (2) | Any such statement must be authenticated by the signature of the officer before whom it was made, who must certify that the person in question was present at the taking of the statement. |
| (3) | It is not necessary in any proceedings to prove the signature or official character of the person appearing so to have authenticated any such statement or to have given such a certificate, and such certificate is, unless the contrary is proved, sufficient evidence in any proceedings that the person charged with the offence was present at the making of the statement. |