Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Regulations

Regulations Prescribing the Tariff of Allowances Payable to Witnesses in Criminal Proceedings

5. to 12. Supplementary provisions

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5.The Director-General or a person designated by him or her may authorise a deviation from the prescribed tariff in the case of—
(i)a witness claiming more than R2 084,00 per day for income forfeited in terms of regulation 4; and

[Regulation 5(i) substituted by regulation 5 of Notice No. R. 967, GG 41096, dated 6 September 2017]

(ii)in any other case,

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

 

6.

(1)A witness who cannot attend a criminal case without prior financial assistance by the State, may make a request for such assistance at any magistrate's office or High Court.

 

(2)The court manager or the registrar of the High Court contemplated in subregulation (1) must make the necessary arrangements in respect of a witness contemplated in subregulation (1), including the authorisation for the payment of an advance to the witness.

 

(3)The financial assistance rendered in terms of subregulation (1) must be taken into account before payment of an allowance in terms of regulations 2 to 4 is made.

 

7.A witness who attends more than one criminal case as a witness in the same court on the same day, is for the purposes of these regulations deemed to have attended one criminal case only.

 

8.These regulations do not apply to persons referred to in section 8(1) of the Public Service Act, 1994 (Act No. 93 of 1994).

 

9.Where the expenses incurred by a witness in connection with his or her attendance at a criminal case are provided for from any other source, no allowance in terms of these regulations is to be paid to him or her.

 

10.The decision of a court manager or a registrar of a High Court in respect of the amounts payable in terms of regulations 2, 3 and 4 shall be final.

 

11.The allowances prescribed in this Schedule are also payable to a person who, of necessity, accompanies a witness on account of the youth or infirmity, owing to old age, or any other infirmity of the witness .

 

12.Government Notice No. R. 2596 of 1 November 1991, is repealed.