Defence Act, 1957 (Act No. 44 of 1957)SchedulesFirst Schedule140. Evidence |
| (1) | Whenever a person subject to this Code is required to produce at the trial before a civil or a military court of any person for an offence, any document made or intended for official use, such person may in lieu of the original document produce a copy certified by him to be a true copy of the original and such copy shall be admissible in evidence as proof of its existence and of its contents as if it were the original: Provided that, if the accused so requests or if the charge is in respect of any alteration, defacement or forgery of a document, the original of such document shall be produced. |
| (2) | A photographic reproduction of a document, if certified by the officer having the custody of the original to be a photographic reproduction of the original, shall be admissible in evidence before a military or civil court trying an offence as proof of its existence and of its contents as if it were the original: Provided that, if the accused so requests or if the charge is in respect of any alteration, defacement or forgery of a document, the original of the document shall be produced. |
| (3) | Any entry in the records of the South African Defence Force concerning the pay or any allowances of any person subject to this Code may, unless objection is made by any interested party, be proved in a civil or military court trying an offence by the production of a copy or a photographic reproduction of such entry if such a copy or reproduction purports to be certified by the officer having charge of the original record to be a true copy or reproduction, as the case may be, of such entry. |
| (4) | Any attestation or enrolment paper purporting to have been signed by any person, shall be evidence of such person having given the answers to questions which he is therein represented as having given, and the existence and contents of such attestation paper may, unless objection is made by any interested party, be proved in evidence before a civil court or military court by the production of a copy or a photographic reproduction thereof, if certified to be a true copy or reproduction of the original by the officer having charge of the original. |
| (5) | A certificate purporting to be signed by an officer having charge of the records of any person charged with an offence, stating— |
| (a) | the rank or appointment held by such person at any time during his service; |
| (b) | the date of his enrolment or discharge; |
| (c) | the decorations, medals, clasps, good conduct or long service badges or wound stripes or other emblems of merit to which such person is or is not entitled; or |
| (d) | the rate of pay or any allowances to which such person is or was at any time entitled, shall upon its mere production be admissible as evidence of the contents thereof at the trial of such person for an offence by a civil or military court: Provided that the accused shall have the right to require such officer to be called to give oral evidence. |