Defence Act, 1957 (Act No. 44 of 1957)

Schedules

First Schedule

85. Evidence must be give viva voce and in open court
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(1)Every witness appearing to give evidence at a trial by a military court shall give his evidence viva voce and on oath.

 

(2)If through incapacity a witness is unable to attend court to give evidence, the military court may hear the evidence of such witness at his home or at any other place where the witness may be, in the presence of the accused, his counsel and the prosecutor.

 

[Section 85 amended by section 43(b) of Act No. 16 of 1999]