Supreme Court Act, 1959 (Act No. 59 of 1959)30. Manner of securing attendance of witnesses or the production of any document or thing in civil proceedings and penalties for failure |
| (1) | A party to civil proceedings before the court of any division in which the attendance of witnesses or the production of any document or thing is required may procure the attendance of any witness or the production of any document or thing in the manner provided for in the rules of court. |
| (2) | Whenever any person subpoenaed to attend any civil proceedings as a witness or to produce any document or thing fails without reasonable excuse to obey the subpoena and it appears from the return of the proper officer or from evidence given under oath that the subpoena was served upon the person to whom it is directed and that his reasonable expenses calculated in accordance with the tariff framed under section 42 (1) have been paid or offered to him, or that he is evading service, or if any person who has attended in obedience to a subpoena fails to remain in attendance, the court in which the said proceedings are conducted, may issue a warrant directing that he be arrested and brought before the court at a time and place stated in the warrant or as soon thereafter as possible. |
| (3) | A person arrested under any such warrant may be detained thereunder before the court which issued it or in any gaol or lock-up or other place of detention or in the custody of the person who is in charge of him with a view to securing his presence as a witness or to produce any document or thing at the said proceedings: Provided that the court may release him on a recognizance with or without sureties for his appearance to give evidence or to produce any document or thing as required and for his appearance at the enquiry referred to in subsection (4). |
| (4) | The court may in a summary manner enquire into such person’s evasion of the service of the subpoena or failure to obey the subpoena or to remain in attendance, and may, unless it is proved that such person has a reasonable excuse for such evasion or failure, sentence him to a fine or to imprisonment for a period not exceeding three months. |
| (5) | Any sentence imposed by the court under subsection (4) shall be enforced and shall be subject to appeal as if it were a sentence imposed in a criminal case. |
| (6) | If a person who has entered into any recognizance for his appearance to give evidence at such proceedings or to produce any document or thing or for his appearance at an enquiry referred to in subsection (4) fails so to appear, he may, apart from the forefeiture [sic] of his recognizance, be dealt with as if he had failed to obey a subpoena to attend such proceedings or appear at such enquiry. |