Civil Proceedings Evidence Act, 1965 (Act No. 25 of 1965)

Part IV : Documentary Evidence (General Provisions)

25. Official reports as evidence in applications for orders presuming death of soldiers
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(1) In any proceedings in a court in which application is made for an order that the death of any soldier be presumed, any official report shall, notwithstanding anything to the contrary in any other law contained, on its mere production by any person be admissible in proof of the facts stated therein,  provided such report is accompanied by an affidavit by the Chief of the South African National Defence Force in which he certifies —

[Words preceding subsection (1)(a) amended by section 4 of Act No. 18 of 1996]

(a) that the person to whose alleged death the proceedings relate was a soldier on active service at the time when, as far as is known, he was last seen alive;
(b) that the said official report was received by him through the normal official channels, and that he has no reason to believe that the allegations of fact contained therein were not made in the course of the official duty of the person purporting to have made them;
(c) that the person to whose alleged death the proceedings relate has been posted by the appropriate military authorities as "missing"; and
(d) that no information is available in the records of the South African National Defence Force tending to show that the said person is still alive.

[Subsection(1)(d) amended by section 4 of Act No. 18 of 1996]

 

(2) Nothing in this section contained shall affect the admissibility of any other evidence, or the right of a court to require, in the exercise of its discretion, any person to appear as a witness, or to give evidence on affidavit (whether or not the official report purports to contain the statement of that person), before the court would be prepared to grant the order requested.

 

(3) In this section, unless the context otherwise indicates—

 

"active service"

means service in the military, air or naval forces of the Republic at any place beyond the boundaries of the Republic;

 

"court"

means any division of the Supreme Court of South Africa or any judge thereof;

 

"official report"

means any document which forms part of the official records of the South African National Defence Force relating to the circumstances of the disappearance of a soldier on active service, or leading up to such disappearance, or to any action taken to ascertain whether he is alive or dead;

[Definition amended by section 4 of Act No. 18 of 1996]

 

"soldier"

means a member of the South African National Defence Force.

[Definition amended by section 4 of Act No. 18 of 1996]