Criminal Procedure Act, 1977 (Act No. 51 of 1977) > Chapter 24 : Evidence > 214. Evidence recorded at preparatory examination admissible at trial in certain circumstances

The evidence of any witness recorded at a preparatory examination—

(a)	shall be admissible in evidence on the trial of the accused following upon such preparatory examination, if it is proved to the satisfaction of the court—

(i)	that the witness is dead;

(ii)	that the witness is incapable of giving evidence;

(iii)

that the witness is too ill to attend the trial; or

(iv)	that the witness is being kept away from the trial by the means and contrivance of the accused; and

(v)	that the evidence tendered is the evidence recorded before the magistrate or, as the case may be, the regional magistrate,

and if it appears from the preparatory examination record or it is proved to the satisfaction of the court that the accused or, as the case may be, the State had a full opportunity of cross-examining such witness;

(b)

may, if such witness cannot, after a diligent search, be found for purposes of the trial of the accused following upon such preparatory examination, or cannot be compelled to attend such trial, in the discretion of the court, but subject to the provisions of subparagraph (v) of paragraph (a), be read as evidence at such trial, if it appears from the preparatory examination record or it is proved to the satisfaction of the court that the accused or, as the case may be, the State had a full opportunity of cross-examining such witness.