Supreme Court Act, 1959 (Act No. 59 of 1959)

32. Examination by interrogatories of persons whose evidence is required in civil cases
Purchase cart Previous page Return to chapter overview Next page

 

(1)The court of a provincial or local division may in connection with any civil proceedings pending before it, order that the evidence of a person who resides or is for the time being outside the area of jurisdiction of that court be taken by means of interrogatories.

 

(2)Whenever an order is made under subsection (1), the registrar of the court shall certify that fact and transmit a copy of his 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 appearance as hereinafter provided.

 

(3)Upon receipt of the certificate aforesaid and of the interrogatories and amounts aforesaid, the commissioner shall summon the said person to appear before him, and upon his appearance shall take his evidence as if he was a witness in a civil case in the said court, and shall put to him the interrogatories aforesaid with any other questions calculated to obtain full and true answers to the said interrogatories and shall take down or cause to be taken down the evidence so obtained, and shall transmit the same, certified as correct, to the registrar of the court wherein the civil proceedings in question are pending.

 

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

 

(5)Any person summoned to appear as in this section provided who without reasonable excuse fails to appear at the time and place mentioned in the summons, shall be 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 civil proceedings aforesaid.