Civil Proceedings Evidence Act, 1965

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Act 25 of 1965
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South Africa

Civil Proceedings Evidence Act, 1965

Act 25 of 1965

  1. [Amended by Criminal Procedure Act, 1977 (Act 51 of 1977) on 22 July 1977]
  2. [Amended by Transfer of Powers and Duties of the State President Act, 1986 (Act 97 of 1986) on 3 October 1986]
  3. [Amended by Law of Evidence Amendment Act, 1988 (Act 45 of 1988) on 3 October 1988]
  4. [Amended by General Law Amendment Act, 1996 (Act 49 of 1996) on 4 October 1996]
  5. [Amended by Justice Laws Rationalisation Act, 1996 (Act 18 of 1996) on 1 April 1997]
(Afrikaans text signed by the State President.)ACTTo state the law of evidence in regard to civil proceedings, to repeal the Ordinance for altering, amending, and declaring in certain respects, the Law of Evidence within this Colony, 1830 (Cape), the Ordinance for improving the Law of Evidence, 1846 (Cape), the Bankers’ Books Evidence Act, 1877 (Cape), the Oaths and Declarations Act, 1891 (Cape), the Law to regulate the Law of Evidence in the Colony of Natal, 1859 (Natal), the Law to amend the Law of Evidence, 1870 (Natal), the Law to provide for the production in evidence of Copies, instead of Originals, of Public Docu­ments, 1884 (Natal) and the Presumption of Death of Soldiers Act, 1952, to amend the Law of Evidence Amendment Act, 1861 (Cape), the Law to make further provision in respect of the substitution, in certain cases, of Declarations for Oaths, 1862 (Natal), the Law of Evidence Ordinance, 1902 (Orange Free State), the Law of Evidence Proclamation, 1902 (Transvaal), the General Law Amendment Act, 1935, the General Law Amendment Act, 1952, the Criminal Procedure Act 1955, and the Evidence Act, 1962, and to provide for other incidental matters.[longtitle amended by section 1 of Act 49 of 1996]BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:—

1. Definitions

In this Act, unless the context otherwise indicates—"Minister" means the Minister of Justice;"Republic" [definition of "Republic" deleted by section 1 of Act 49 of 1996]

Part I – Admissibility of evidence

2. Evidence as to irrelevant matters

No evidence as to any fact, matter or thing which is irrelevant or immaterial and cannot conduce to prove or dis­prove any point or fact in issue shall be admissible.

3. Evidence of non-access by husband and wife

For the purposes of rebutting the presumption that a child to which a married woman has given birth is the offspring of her husband, she or her husband or both of them may give evidence that they had no sexual intercourse with each other during the period when the child was conceived.

4. Evidence of genuineness of disputed writings

Comparison of a disputed writing with any writing proved to be genuine may be made by witnesses, and such writings and the evidence of any witness with respect thereto may be sub­mitted as evidence of the genuineness or otherwise of the writing in dispute.

5. Proof of law or anything published in official publications

(1)Judicial notice shall be taken of any law or government notice, or of any other matter which has been published in the Gazette.[subsection (1) amended by section 1 of Act 49 of 1996]
(2)A copy of the Gazette or a copy of such law, notice or other matter purporting to be printed under the superintendence or authority of the Govern­ment printer, shall, on its mere production, be evidence of the contents of such law, notice or other matter, as the case may be.[subsection (2) amended by section 1 of Act 49 of 1996]

6. Proof of signature of public officer

Any document purporting to bear the signature of any person holding a public office and bearing a seal or stamp which purports to be the seal or stamp of the department, office or institution to which such person is attached, shall, on its mere production, be prima facie proof that such person signed such document.

7. Proof by party calling witness, of previous inconsistent statement of such witness

Any party who has called a witness who has given evidence in any civil proceedings (whether, that witness is or is not, in the opinion of the person presiding at such proceedings, adverse to the party calling him) may, after the said party or the person so presiding has asked the witness whether he has or has not previously made a statement with which his evidence in the said proceedings is inconsistent, and after sufficient particulars of the alleged previous statement to designate the occasion when it was made, have been mentioned to the witness, prove that he previously made a statement with which his said evidence is inconsistent.

Part II – Competency of witnesses

8. Save as otherwise provided, every person competent and compellable to give evidence

Save in so far as this Act or any other law otherwise provides, every person shall be competent and compellable to give evidence in any civil proceedings.

9. Incompetency from insanity or intoxication

No person appearing or proved to be afflicted with idiocy, lunacy or insanity, or to be labouring under any imbecility of mind arising from intoxication or otherwise, whereby he is deprived of the proper use of reason, shall be competent to give evidence while so afflicted or disabled.

10. Husband and wife not compellable to disclose communications between them

(1)No husband shall be compelled to disclose any communication made to him by his wife during the marriage and no wife shall be compelled to disclose any communication made to her by her husband during the marriage.[subsection (1), previously unnumbered, numbered by section 4 of Act 45 of 1988]
(2)Subsection (1) shall also apply to a communication made during the subsistence of a marriage or a putative marriage which has been dissolved or annulled by a competent court.[subsection (2) added by section 4 of Act 45 of 1988]

10A. Status of certain marriages

Any customary marriage or customary union, concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law, shall be regarded as a valid marriage for the purposes of the law of evidence.[section 10A inserted by section 4 of Act 18 of 1996]

11. ***

[section 11 repealed by section 5 of Act 45 of 1988]

12. No witness compellable to testify if husband or wife not compellable

No person shall be compelled to answer any question or to give any evidence which the husband or wife of such person, if under examination as a witness, could not be compelled to answer or give.

13. When evidence of communication alleging commission of an offence is admissible

Notwithstanding anything contained in any legal provisions in terms of which a witness shall not be compellable or permitted to give evidence in respect of certain matters on grounds of public policy or from regard to public interest, it shall be competent for any person in any civil proceedings to adduce evidence of any communication alleging the commission of an offence, if the making of that communication prima facie constitutes an offence, and it shall be competent for the person presiding at such proceedings to determine whether the making of such communication prima facie does or does not constitute an offence, and such determination shall, for the purposes of those proceedings, be final.

14. Witness not excused from answering question by reason that the answer would establish a civil claim against him

A witness may not refuse to answer a question relevant to the issue, the answering of which has no tendency to incriminate himself, or to expose him to penalty or forfeiture of any nature whatsoever, by reason only or on the sole ground that the answering of such question may establish or tend to establish that he owes a debt or is otherwise subject to a civil suit.

Part III – Sufficiency of evidence

15. Admissions on record

It shall not be necessary for any party in any civil proceedings to prove nor shall it be competent for any such party to disprove any fact admitted on the record of such proceedings.

16. Sufficiency of evidence of one witness

Judgment may be given in any civil proceedings on the evidence of any single competent and credible witness.

Part IV – Documentary evidence (General provisions)

17. Proof of trial and conviction or acquittal of any person

The trial and conviction or acquittal of any person may be proved by the production of a document certified or pur­porting to be certified by the registrar or clerk of the court or other officer having the custody of the records of the court where such conviction or acquittal took place, or by the deputy of such registrar, clerk or other officer, to be a copy of the record of the charge and of the trial, conviction and judgment or ac­quittal, as the case may be, omitting the formal parts thereof.

18. Certified copies of or extracts from public documents admissible in evidence

(1)Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from proper custody, any copy thereof or extract therefrom proved to be an examined copy or extract or purporting to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted, shall be admissible in evidence.
(2)Such officer shall furnish such certified copy or extract to any person applying therefor, upon payment of an amount in accordance with the tariff of fees prescribed by or under any law or, if no such tariff has been so prescribed, an amount in accordance with such tariff of fees as the Minister in consultation with the Minister of Finance may from time to time determine.

19. Production of official documents

(1)No original document in the custody or under the control of any state official by virtue of his office, shall be pro­duced in evidence in any civil proceedings except upon the order of the head of the department in whose custody or under whose control such document is or of any officer in the service of the State authorized by such heads
(2)Any such document may be produced in evidence by any person authorized by the person ordering the production thereof.

20. Certified copies of or extracts from official documents sufficient

(1)Except when the original is ordered to be produced any copy of or extract from any document in the custody or under the control of any State official by virtue of his office, certified as a true copy or extract by the head of the department in whose custody or under whose control such document is or by any officer in the service of the State authorized by such head, shall be admissible in evidence and be of the same force and effect as the original document.
(2)Any such copy or extract may be handed in by any party who desires to avail himself thereof.
(3)No such copy or extract shall be furnished to any person except upon payment of an amount in accordance with the tariff of fees prescribed by or under any law or, if no such tariff has been so prescribed, an amount in accordance with such tariff of fees as the Minister in consultation with the Minister of Finance may from time to time determine.

21. Penalty for issue of false certificate

Any person who wilfully certifies any document admissible in evidence under this Act, as being a true copy or extract, knowing that it is not a true copy or extract, shall be guilty of an offence and liable upon conviction to imprisonment for a period not exceeding two years.

22. Proof of certain facts by affidavit

(1)Whenever any fact ascertained by any examination or process requiring any skill in bacteriology, biology, chemistry, physics, astronomy, anatomy or pathology is or may become relevant to the issue in any civil proceedings, a document purporting to be an affidavit made by a person who in that affidavit alleges that he is in the service of the Republic or of a province or in the service of or attached to the South African Institute for Medical Research or any university in the Republic or any other institution designated by the Minister for the purposes of this section by notice in the Gazette, and that he has ascertained such fact by means of such examination or process, shall, subject to the provisions of sub-sections (2) and (3), on its mere production by any party in such proceedings be admissible in evidence to prove that fact.[subsection (1) amended by sections 46 and 47 of Act 97 of 1986 and by section 1 of Act 49 of 1996]
(2)No such affidavit shall be so admissible unless a copy thereof has been delivered by the party desiring to avail himself thereof to every other party to the proceedings at least seven days before the date of production thereof.
(3)The person presiding at such proceedings may, upon the application of any party thereto, order that the person who made such affidavit be called to give oral evidence in the proceedings or that written interrogatories be submitted to him, and any such interrogatories and any reply thereto purporting to be a reply from such person, given on affidavit, shall likewise be admissible in evidence in such proceedings.

23. Preserving testimony

(1)Any person who will, under the circumstances alleged by him to exist, become entitled, upon the happening of any future event, to any interest in any asset the right or claim to which cannot be brought to trial by him before the happening of such event, may, after notice to every other person who may have an interest in such asset, apply to any division of the Supreme Court of South Africa having jurisdiction, for an order allowing any evidence which may be material for establish­ing such right or claim, to be taken before a commission appointed by the said division, and the said division may refuse the application or grant it on such conditions as it may think fit to impose.
(2)If the said division grants the application, the rules of such division relating to the taking of evidence on commission in trial actions shall mutatis mutandis apply to the taking of such evidence.
(3)Any evidence taken in terms of this section which would be admissible if given in a court of law, shall be admissible in any civil proceedings brought after the happening of the future event to which the application for leave to take such evidence relates, if the parties to such proceedings are the same as the parties to such application or are the legal representatives or successors in title to the parties to such application: Provided that if the person who gave such evidence is available as a witness, the person presiding at such proceedings may refuse to admit such evidence.

24. Depositions of witnesses taken on commission

Nothing in this Act contained shall be construed as rendering inadmissible the depositions of witnesses taken on commission in terms of any law.

25. Official reports as evidence in applications for orders presuming death of soldiers

(1)In any proceedings in a court in which application is made for an order that the death of any soldier be presumed, any official report shall, notwithstanding anything to the contrary in any other law contained, on its mere production by any person be admissible in proof of the facts stated therein, provided such report is accompanied by an affidavit by the Chief of the South African National Defence Force in which he certifies—
(a)that the person to whose alleged death the proceedings relate was a soldier on active service at the time when, as far as is known, he was last seen alive;
(b)that the said official report was received by him through the normal official channels, and that he has no reason to believe that the allegations of fact contained therein were not made in the course of the official duty of the person purporting to have made them;
(c)that the person to whose alleged death the proceedings relate has been posted by the appropriate military authorities as "missing"; and
(d)that no information is available in the records of the South African National Defence Force tending to show that the said person is still alive.[paragraph (d) amended by section 4 of Act 18 of 1996]
[subsection (1) amended by section 4 of Act 18 of 1996]
(2)Nothing in this section contained shall affect the admissibility of any other evidence, or the right of a court to require, in the exercise of its discretion, any person to appear as a witness, or to give evidence on affidavit (whether or not the official report purports to contain the statement of that person), before the court would be prepared to grant the order requested.
(3)In this section, unless the context otherwise indicates—"active service" means service in the military, air or naval forces of the Republic at any place beyond the boun­daries of the Republic;"court" means any division of the Supreme Court of South Africa or any judge thereof;"official report" means any document which forms part of the official records of the South African National Defence Force relating to the circumstances of the disappearance of a soldier on active service, or leading up to such disappearance, or to any action taken to ascertain whether he is alive or dead;[definition of "official report" amended by section 4 of Act 18 of 1996]"soldier" means a member of the South African National Defence Force.[definition of "soldier" amended by section 4 of Act 18 of 1996]

26. Evidence of times of sunrise and sunset

(1)The Minister may from time to time by notice in the Gazette approve of tables prepared at any official obser­vatory in the Republic of the times of sunrise and sunset on particular days at particular places in the Republic or any portion thereof and appearing in any publication specified in the notice, and thereupon, until the notice is withdrawn, such tables shall on their mere production in any civil proceedings by any party thereto be admissible as evidence of such times.
(2)Any tables in force immediately prior to the commence­ment of this Act by virtue of the provisions of section twenty-six of the General Law Amendment Act, 1952 (Act No. 32 of 1952), shall be deemed to be tables approved of under sub-section (1) of this section.

Part V – Documentary evidence (Special provisions as to bankers’ books)

27. Definition of "bank"

In this Part "bank" means a "banking institution" as defined in the Banks Act, 1965, and includes the Land and Agricultural Bank of South Africa, and a building society.[section 27 amended by section 1 of Act 49 of 1996]

28. Entries in bankers’ books admissible in certain cases

The entries in ledgers, day-books, cash-books and other account books of any bank, shall be admissible as prima facie evidence of the matters, transactions and accounts therein re­corded, on proof being given by affidavit in writing of a director, manager or officer of such bank, or by other evidence, that such ledgers, day-books, cash-books or other account books are or have been the ordinary books of such bank, and that the said entries have been made in the usual and ordinary course of business, and that such books are in or come immediately from the custody or control of such bank.

29. Examined copies of entries in bankers' books admissible

Copies of all entries in ledgers, day-books, cash­books or other account books used by any bank, may be proved as evidence of such entries without production of the originals, by means of the affidavit of a person who has ex­amined the same, stating the fact of the examination and that the copies sought to be put in evidence are correct.

30. Notice of intention to adduce evidence relating to entries in bankers' books

(1)No ledger, day-book, cash-book or other account book of any bank, and no copies of entries therein contained, shall be adduced or received in evidence under this Part, unless at least ten days' notice in writing, or such other notice as may be ordered by the person presiding at the proceedings con­cerned, containing a copy of the entries proposed to be adduced in evidence, has been given by the party proposing to adduce the same in evidence to the other party.
(2)On the application of any party who has received such notice, the person presiding at the proceedings may order that such party be at liberty to inspect and take copies of any entry in the ledgers, day-books, cash-books or other account books of the bank concerned, relating to the matters in question, and such order may be made in the discretion of the person so presiding, either with or without summoning before him such bank or the other party, and shall be intimated to such bank at least three days before such copies are required.
(3)On the application of any party who has received such notice, the person presiding at the proceedings may order that the entries and copies mentioned in the notice shall not be admissible as evidence of the matters, transactions and accounts recorded in such ledgers, day-books, cash-books or other account books.

31. Bank not compelled to produce books unless ordered to do so

No bank shall be compelled to produce its ledgers, day-books, cash-books or other account books in any civil pro­ceedings unless the person presiding at such proceedings orders that they shall be so produced.

32. This Part not to apply to proceedings to which bank is a party

Nothing in this Part contained shall apply to any civil proceedings to which any bank whose ledgers, day-books, cash-books or other account books are required to be produced in evidence, is a party.

Part VI – Documentary evidence (Miscellaneous provisions)

33. Definitions

In this Part, unless the context otherwise indicates—"document" includes any book, map, plan, drawing or photograph;"statement" includes any representation of fact, whether made in words or otherwise.

34. Admissibility of documentary evidence as to facts in issue

(1)In any civil proceedings where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall on production of the original document be admissible as evidence of that fact, provided—
(a)the person who made the statement either—
(i)had personal knowledge of the matters dealt with in the statement; or
(ii)where the document in question is or forms part of a record purporting to be a continuous record, made the statement (in so far as the matters dealt with therein are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had or might reasonably have been supposed to have personal knowledge of those matters; and
(b)the person who made the statement is called as a witness in the proceedings unless he is dead or unfit by reason of his bodily or mental condition to attend as a witness or is outside the Republic, and it is not reasonably practicable to secure his attendance or all reasonable efforts to find him have been made without success.
(2)The person presiding at the proceedings may, if having regard to all the circumstances of the case he is satisfied that undue delay or expense would otherwise be caused, admit such a statement as is referred to in sub-section (1) as evidence in those proceedings—
(a)notwithstanding that the person who made the state­ment is available but is not called as a witness;
(b)notwithstanding that the original document is not produced, if in lieu thereof there is produced a copy of the original document or of the material part thereof proved to be a true copy.
(3)Nothing in this section shall render admissible as evidence any statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact which the statement might tend to establish.
(4)A statement in a document shall not for the purposes of this section be deemed to have been made by a person unless the document or the material part thereof was written, made or produced by him with his own hand, or was signed or initialled by him or otherwise recognized by him in writing as one for the accuracy of which he is responsible.
(5)For the purpose of deciding whether or not a statement is admissible as evidence by virtue of the provisions of this section, any reasonable inference may be drawn from the form or contents of the document in which the statement is contained or from any other circumstances, and a certificate of a registered medical practitioner may be acted upon in deciding whether or not a person is fit to attend as a witness.

35. Weight to be attached to evidence admissible under this Part

(1)In estimating the weight, if any, to be attached to a statement admissible as evidence under this Part, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the person who made the statement had any incentive to conceal or misrepresent facts.
(2)A statement admissible as evidence under this Part shall not, for the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, be treated as corrobo­ration of evidence given by the person who made the statement.

36. Proof of instrument to validity of which attestation is necessary

In any civil proceedings an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive: Provided that nothing in this section contained shall apply to the proof of wills or other testamentary writings.

37. Presumptions as to documents twenty years old

There shall in any civil proceedings, in the case of a document proved or purporting to be not less than twenty years old, be made any presumption which on the fifteenth day of March, 1962, would have been made in the case of a docu­ment of like character proved or which purported to be not less than thirty years old.

38. Savings

Nothing in this Part shall—
(a)prejudice the admissibility of any evidence which would apart from the provisions of this Part be admissible; or
(b)render admissible documentary evidence as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if this Part had not been enacted.

Part VII – Oaths and affirmations

39. Oaths

(1)No person other than a person referred to in section forty or forty-one shall be examined as a witness other­wise than upon oath.
(2)The oath to be administered to any person as a witness shall be administered in the form which most clearly conveys to him the meaning of the oath and which he considers to be binding on his conscience.

40. Affirmations in lieu of oaths

(1)In any case where any person who is or may be required to take an oath objects to do so, it shall be lawful for such person to make an affirmation in the words following:"I do truly affirm and declare that"(here insert the matter to be affirmed or declared).
(2)Any person authorized, required or qualified by law to take or administer an oath shall accept, in lieu thereof, an affirmation or declaration as aforesaid.
(3)Such affirmation or declaration shall be of the same force and effect as if the person who made it had taken such oath, and the same penalties and disabilities which are respec­tively in force in respect of and are attached to any false or corrupt taking and subscribing of any oath administered in accordance with section thirty-nine, and any neglect or refusal in regard thereto, shall apply and attach in like manner in respect of the false or corrupt making or subscribing respec­tively, of any such affirmation or declaration as in this section mentioned and any neglect or refusal in regard thereto.

41. When unsworn or unaffirmed testimony admissible

(1)Any person who, from ignorance arising from youth, defective education or other cause, is found not to under­stand the nature or to recognize the religious obligation of an oath or affirmation, may be permitted to give evidence in any civil proceedings without being upon oath or affirmation, if, before any such person proceeds to give evidence, the person presiding at the proceedings in which he is called as a witness, admonishes him to speak the truth, the whole truth and nothing but the truth and administers or causes to be administered to him any form of admonition which appears, either from his own state­ment or from any other source of information, to be calculated to impress his mind and bind his conscience, and which is not, as being of an inhuman, immoral or irreligious nature, obviously unfit to be administered.
(2)Any person to whom an admonition has been ad­ministered as aforesaid, who in evidence wilfully and falsely states anything which, if sworn, would have amounted to the offence of perjury or any statutory offence punishable as perjury, shall be deemed to have committed that offence, and shall upon conviction be liable to such punishment as is by law provided as a punishment for that offence.

Part VIII – General

42. Cases not otherwise provided for

The law of evidence including the law relating to the competency, compellability, examination and cross-examination of witnesses which was in force in respect of civil proceedings on the thirtieth day of May, 1961, shall apply in any case not provided for by this Act or any other law.

43. ***

[section 43 repealed by section 1 of Act 49 of 1996]

44. Repeal and amendment of laws

The laws mentioned in the Schedule are hereby repealed or amended to the extent set out in the fourth column thereof.

45. Short title and date of commencement

This Act shall be called the Civil Proceedings Evidence Act, 1965, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.

Schedule

Laws amended or repealed

Province, Territory or RepublicNo. and year of LawTitle or subject matterExtent of amendment or repeal
Cape.Ordinance No. 72 of 1830.Ordinance for altering, amending, and declaring in certain respects, the Law of Evidence within this Colony.The whole repealed.
Ordinance No. 14 of 1846.Ordinance for improving the Law of Evidence.The whole repealed.
Act No. 4 of 1861.The Law of Evidence Amendment Act, 1861.The whole except sections eight and nine repealed.
Act No. 21 of 1877.Bankers' Books Evidence Act, 1877.The whole repealed.
Act No. 18 of 1891.The Oaths and Declarations Act, 1891.The whole repealed.
Natal.Law No. 17 of 1859.To regulate the Law of Evi­dence in the Colony of Natal.The whole repealed.
Law No. 13 of 1862To make further provision in respect of the substitu­tion, in certain cases, of Declarations for Oaths.The whole repealed except section four.
Law No. 5 of 1870To amend the Law of Evi­dence.The whole repealed.
Law No. 6 of 1884To provide for the produc­tion in evidence of Copies, instead of Originals, of Public Docu­ments.The whole repealed.
Orange Free State.Ordinance No. 11 of 1902.Law of Evidence Ordinance, 1902.The whole except sections sixty and sixty-one re­pealed.
Transvaal.Proclamation No. 16 of 1902.The Law of Evidence Pro­clamation, 1902.The whole except sections forty-nine and fifty re­pealed.
South-West Africa.Proclamation No. 21 of 1919.Administration of Justice Proclamation, 1919.Section three amended by the deletion in sub-section (6) of the words "and evi­dence".
Proclamation No. 38 of 1920.Further Administration of Justice Proclamation, 1920.Section eleven amended by the deletion of the words "and evidence".
Proclamation No. 8 of 1938.Procedure and Evidence Proclamation, 1938.Sections one, two, three and five repealed.
Republic.Act No. 46 of 1935.General Law Amendment Act, 1935.1.Section one hundred and one amended—(a)by the deletion of sub­sections (1) and (2);(b)by the substitution in sub-section (3) for the words "proceedings, whether civil or crimi­nal" of the words "criminal proceed­ings".2.Section one hundred and three repealed.
Act No. 32 of 1952.General Law Amendment Act, 1952.Section twenty-six in so far as it relates to civil pro­ceedings repealed.
Act No. 42 of 1952.Presumption of Death of Soldiers Act, 1952.The whole repealed.
Republic.Act No. 56 of 1955.Criminal Procedure Act, 1955.[item repealed by section 344 of Act 51 of 1977]
Act No. 14 of 1962.Evidence Act, 1962.1.Section one amended by the deletion of the defi­nition of "Republic".2.Section two repealed.3.Section four amended by the substitution for the word "legal" of the word "criminal".4.Section five amended by the substitution for the word "legal" of the word "criminal".
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History of this document

01 April 1997 this version
04 October 1996
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03 October 1988
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22 July 1977
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Gazette 13
  1. Gauteng Provincial Gazette dated 2008-07-04 number 178
  2. Gauteng Provincial Gazette dated 2015-02-27 number 51
  3. Gauteng Provincial Gazette dated 2018-06-27 number 175
  4. South Africa Government Gazette Regulation Gazette dated 1967-06-23 number 1773
  5. South Africa Government Gazette Regulation Gazette dated 1977-08-05 number 5699
  6. South Africa Government Gazette Regulation Gazette dated 1977-09-16 number 5740
  7. South Africa Government Gazette dated 1948-09-17 number 4028
  8. South Africa Government Gazette dated 1965-04-09 number 1080
  9. South Africa Government Gazette dated 1971-12-10 number 3328
  10. South Africa Government Gazette dated 1977-05-06 number 5532
  11. South Africa Government Gazette dated 1996-10-04 number 17477
  12. South Africa Government Gazette dated 2014-05-13 number 37638
  13. South Africa Government Gazette dated 2015-08-28 number 39131
Judgment 73
  1. A M v Dr F G du Toit Inc (87250/18) [2022] ZAGPPHC 912 (17 June 2022)
  2. Alfred Duma Local Municipality and Others v MEC Cooperative Governance and Traditional Affairs KwaZulu-Natal and Others (4569/23) [2023] ZAKZPHC 53 (22 May 2023)
  3. Bhiya v Passenger Rail Agency of SA (72237/2019) [2023] ZAGPPHC 28 (26 January 2023)
  4. Blyth v Van den Heever (377/77) [1979] ZASCA 112 (27 September 1979)
  5. CUF Properties (Pty) Ltd v Mthimkulu and Others (53946/11) [2018] ZAGPPHC 294 (23 April 2018)
  6. Commissioner for South African Revenue Service v Wiese and Others (15065/17) [2022] ZAWCHC 137 (9 September 2022)
  7. Commissioner for the South African Revenue Service v Trend Finance (Pty) Ltd (162/2006) [2007] ZASCA 59 (23 May 2007)
  8. Crestao Machines (Edms) Bpk v Die Afdelings - Superintendent S.A. Polisie N. Transvaal (32/71) [1971] ZASCA 68 (1 Oktober 1971)
  9. D B obo N B v Road Accident Fund (7955/2019) [2023] ZAGPJHC 1244 (26 October 2023)
  10. Filta-Matix (Pty) Ltd v Freudenberg and Others (258/1996) [1997] ZASCA 110 (27 November 1997)
  11. Firstrand Bank Ltd v Venter (829/2011) [2012] ZASCA 117 (14 September 2012)
  12. Fourie and Another v Minister of Home Affairs and Another [2003] ZACC 11 (31 July 2003)
  13. Giesecke and Devrient Southern Africa (Pty) Ltd v Minister of Safety and Security (749/2010) [2011] ZASCA 220 (30 November 2011)
  14. Goliath and Another v Chicory SA (Pty) Ltd (3382/2018) [2023] ZAECGHC 25 (7 February 2023)
  15. Goudini Chrome (Pty) Ltd v MCC Contracts (Pty) Ltd (249/1991) [1992] ZASCA 186 (28 September 1992)
  16. Hassim (aka Essack) v Incorporated Law Society of Natal (181/76) [1977] ZASCA 16 (17 March 1977)
  17. Heritage Financial Consultants (Pty) Ltd v Ramborosa and Another (36805/2021) [2021] ZAGPJHC 504 (3 December 2021)
  18. Hohne v Super Store Mining (Pty) Ltd (831 of 2015) [2016] ZASCA 186 (30 November 2016)
  19. Holmdene Brick Works (Pty) Ltd v Roberts Construction Co Ltd (173/75) [1977] ZASCA 61 (27 May 1977)
  20. KLD Residential CC v Empire Earth Investments 17 (Pty) Ltd (1135 of 2016) [2017] ZASCA 98 (6 July 2017)
  21. Kathmer Investments (Pty) Ltd v Woolworth (Pty) Ltd (157/69) [1970] ZASCA 4 (5 March 1970)
  22. Kekana obo M M L v Road Accident Fund (2019/26724) [2023] ZAGPJHC 495 (16 May 2023)
  23. Law Society of Transvaal v Behrman (241/80) [1981] ZASCA 97 (27 August 1981)
  24. Le Roux v Pieterse NO and Others (607/2010) [2012] ZAECGHC 74 (27 September 2012)
  25. MTN (Pty) Ltd v Madzonga and Others (19139/14) [2023] ZAGPJHC 280 (7 March 2023)
  26. Mahlokoane v Road Accident Fund (36670/2017) [2018] ZAGPJHC 955 (28 November 2018)
  27. Makhathini v Road Accident Fund (21/2000) [2001] ZASCA 120 (14 November 2001)
  28. Makhele v Road Accident Fund (3417/2019) [2023] ZAFSHC 85 (5 April 2023)
  29. Maqubela and Another v Master of Gauteng Local Division, Johannesburg and Others (40955/18) [2022] ZAGPJHC 858 (19 May 2022)
  30. Maqubela and Another v Master of Gauteng Local Division, Johannesburg and Others (40955/2018) [2022] ZAGPJHC 26 (19 May 2022)
  31. Mayelane v Ngwenyama and Another [2013] ZACC 14 (30 May 2013)
  32. Mayer v Williams (245/79) [1981] ZASCA 44 (31 March 1981)
  33. Mbatsana v Minister of Police and Others (75961/2019) [2023] ZAGPPHC 216 (28 March 2023)
  34. Member of Executive Council for Health, Eastern Cape v DL obo AL (117/2020) [2021] ZASCA 68 (3 June 2021)
  35. Millar v Nkosi and Another (207/74) [1975] ZASCA 69 (12 September 1975)
  36. Minister of Justice and Constitutional Development and Another v Zealand (387/2006) [2007] ZASCA 92 (20 June 2007)
  37. Mlambo v Mokoena and Another (A3067/2022) [2023] ZAGPJHC 498 (17 May 2023)
  38. Moosa and Another v Community Development Board (239/85/AV) [1986] ZASCA 144 (28 November 1986)
  39. Muller v BOE Bank Ltd and Others (8723/1998) [2010] ZAWCHC 121 (25 May 2010)
  40. N S obo A S v MEC for Health, Eastern Cape Province (017/2022) [2023] ZASCA 41 (31 March 2023)
  41. Naidoo v Marineand Trade Insurance Company Ltd (403/77) [1978] ZASCA 68 (30 May 1978)
  42. Narlis v South African Bank of Athens Limited (134/75) [1976] ZASCA 8 (8 March 1976)
  43. Ndlovu v Road Accident Fund (10087/21) [2024] ZAGPPHC 369 (14 April 2024)
  44. Nomnikelo v Road Accident Fund (11869/2021) [2023] ZAGPPHC 771 (11 July 2023)
  45. PriceWaterhouseCoopers Inc and Others v National Potato Co-operative Ltd and Another (451/2012) [2015] ZASCA 2 (4 March 2015)
  46. Prophet v National Director of Public Prosecutions [2006] ZACC 17 (29 September 2006)
  47. R L obo T M v MEC of Health Gauteng (13493/18) [2023] ZAGPPHC 203 (4 April 2023)
  48. S N v Member of Executive Council for Health of Gauteng Provincial Government (35801/19) [2022] ZAGPPHC 769 (22 July 2022)
  49. S P obo A S v Member of Executive Council for Health Gauteng (55763/2020) [2024] ZAGPPHC 257 (12 March 2024)
  50. S v Govender (47/2006) [2006] ZASCA 180 (15 December 2006)
  51. S v Shaik and Others (Criminal Appeal) (62/2006) [2006] ZASCA 105 (6 November 2006)
  52. S v Togowe (66/2017) [2022] ZAFSHC 39 (19 April 2022)
  53. Saayman v Road Accident Fund (329/2009) [2010] ZASCA 123 (30 September 2010)
  54. Savoi and Others v National Director of Public Prosecutions and Another [2014] ZACC 5 (20 March 2014)
  55. Shield Insurance Company Limited v Hall (169/75) [1976] ZASCA 58 (17 August 1976)
  56. South African Municipal Workers Union obo Damens v Breede Valley Municipality N.O. and Others (C 828/2012) [2013] ZALCCT 2 (4 December 2013)
  57. South African Transport and Allied Workers Union (“SATAWU”) and Others v RAM Transport South Africa (Pty) Ltd (J 1081/11) [2014] ZALCJHB 51 (26 November 2014)
  58. Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Another (GP09/2021) [2022] ZAST 35 (29 June 2022)
  59. Sublime Technologies (Pty) Ltd v Jonker and another (484/2008) [2009] ZASCA 149 (27 November 2009)
  60. Tattersall and Another v Nedcor Bank Ltd (340/1993) [1995] ZASCA 30 (28 March 1995)
  61. Technology Corporate Management (Pty) Ltd and Others v De Sousa and Others (613/2017) [2024] ZASCA 29 (26 March 2024)
  62. Thaha v Passenger Rail Agency of South Africa (79535/2016) [2022] ZAGPPHC 1024 (7 November 2022)
  63. Thompson Kusela CC t/a Thompson Security Group v Dewald Buys t/a Masima Block Watch (2017/39176) [2023] ZAGPJHC 714 (13 June 2023)
  64. Transnet Ltd v ERF 152927 Cape Town (Pty) Ltd and Others (35967/10) [2022] ZAGPJHC 865 (29 July 2022)
  65. Transnet Ltd v ERF 152927 Cape Town (Pty) Ltd and Others (35967/2010) [2022] ZAGPJHC 516 (29 July 2022)
  66. Tsambo v Union National South British Insurance Company Limited (435/80) [1981] ZASCA 75 (29 May 1981)
  67. Tshangela v Minister of Police (31264/2017) [2022] ZAGPPHC 592 (21 September 2022)
  68. Umnungwane Trading and Projects (Pty) Ltd (Registration number: 2017/511533/07) v Polongwane and Others (10429/19) [2022] ZAGPJHC 232 (13 April 2022)
  69. Unilever South Africa Home and Personal Care (Pty) Ltd v Naidoo and Another (11609/2006) [2023] ZAKZDHC 17 (12 May 2023)
  70. Union and South West Africa Insurance Company Ltd v Quntana NO (13/77) [1977] ZASCA 80 (26 August 1977)
  71. Unitrans Fuel and Chemical (Pty) Ltd v Transport and Allied Workers Union First Respondent of South Africa (TAWUSA) and Another (JA55/10) [2010] ZALAC 19 (23 September 2010)
  72. Valashiya v Road Accident Fund (103/2001) [2002] ZASCA 52 (29 May 2002)
  73. Volks NO v Robinson and Others [2005] ZACC 2 (21 February 2005)
Legislation 1
  1. Criminal Procedure Act, 1977