Superior Courts Act, 2013 (Act No. 10 of 2013)

Chapter 8 : General provisions applicable to all Superior Courts

Part 2 : Adducing of evidence and procedural matters

39. Examination by interrogatories
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(1)The Constitutional Court and, in connection with any civil proceedings pending before it, any Division, may order that the evidence of a person be taken by means of interrogatories if—
(a)in the case of the Constitutional Court, the court deems it in the interests of justice; or
(b)in the case of a Division, that person resides or is for the time being outside the area of jurisdiction of the court.

 

(2)Whenever an order is made under subsection (1), the registrar of the court must certify that fact and transmit a copy of his or her certificate to a commissioner of the court, together with any interrogatories duly and lawfully framed which it is desired to put to the said person and the fees and the amount of the expenses payable to the said person for his or her appearance as hereinafter provided.

 

(3)Upon receipt of the certificate, the interrogatories and the amounts contemplated in subsection (2), the commissioner must, in respect of the person concerned—
(a)summon that person to appear before him or her;
(b)upon his or her appearance, take that person’s evidence as if he or she was a witness in a civil case in the said court;
(c)put to him or her the said interrogatories, with any other questions calculated to obtain full and true answers to the said interrogatories;
(d)take down or cause to be taken down the evidence so obtained; and
(e)transmit the evidence, certified as correct, to the registrar of the court wherein the proceedings in question are pending.

 

(4)The commissioner must further transmit to the said registrar a certificate showing the amount paid to the person concerned in respect of the expenses of his or her appearance, and the cost of the issue and service of the process for summoning such person before him or her.

 

(5)Any person summoned to appear in terms of subsection (3) who without reasonable excuse fails to appear at the time and place mentioned in the summons, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.

 

(6)Any interrogatories taken and certified under the provisions of this section shall, subject to all lawful exceptions, be received as evidence in the proceedings concerned.