International Co-operation in Criminal Matters Act

6. Where a letter of request is issued after the institution of proceedings, the evidence so obtained together with the record of the examination of the witness shall be open to . ·inspection by the parties to such proceedings. Foreign requests for assistance in obtaining evidence 45 7. (I) A request by a court or tribunal exercising jurisdiction in a foreigri State or by 10 No. 17587 . Act No. 75, 1996 GOVERNMENT GAZETIE, 20 NOVEMBER 1996 INTERNATIONAL CO-OPERATION IN CRIMINAL MATIERS · Acr, 1996 an appropriate government body in a foreign State, for assistance in obtaining evidence in the Republic for use in such foreign State shall be submitted to the Director-General. (2) Upon receipt of such request the Director-General shall satisfy himself or herself- (a) (b) . that proceedirigs have: been instituted in a court or tribunal exercising 5 jurisdiction in the requesting State; or that there are reasonable grounds for believing that an offence has been committed in the requesting State or that it is necessary to determine whether an offence has been so committed and that an investigation in respect thereof is being conducted in the requesting State. I 0 (3) For purposes of subsection (2) the Director-General may rely on a certificate purported to be issued by a competent authority in the State concerned, stating the facts contemplated in paragraph (a) or (b) of the said subsection. (4) The Director-General shall, if satisfied as contemplated in subsection (2), submit the request for assistance in obtaining evidence to the Minister for his or her approval. 15 (5) Upon being notified of the Minister's approval the Director-General shall forward the request contemplated in subsection (I) to the magistrate within whose area of jurisdiction the witness resides. Examination of witnesses · 8. (I) The magistrate to whom a request has been forwarded in terms of section 7(5) 20 shall cause the person whose evidence is required, to be subpoenaed to appear before him or her to give evidence or to produce any book, document or object and upon the appearance of such person the magistrate shall administer an oath to or accept an affirmation from him or her, and take the evidence of such person upon interrogatories or otherwise as requested, as if the said person was a witness in a magistrate's court in 25 proceedings similar to those in connection with which his or her evidence is required: Provided that a person who from lack of knowledge arising from· youth, defective education or other cause, is found to be unable to understand the nature and import of the oath or the affirmation, may be admitted to give evidence in the proceedings without taking the oath or making the affirmation: Provided further that such person shall, in lieu 30 of the oath or affirmation, be admonished by the magistrate to speak the truth, the whole truth and nothing but the truth. · (2) A person referred to in subsection (I) shall be subpoenaed in the same manner as a person who is subpoenaed to appear as a witness in proceediDgs in a magistrate's court. (3) Upon completion of the examination of the. witness the magistrate taking the 35 evidence shall transmit to the Director-General the record of the evidence certified by him or her to be correct, together with a certificate showing the amount of expenses and costs incurred in connection with the examination of the witness. · (4) If the services of an interpreter were used at the examination of the witness, the interpreter shall certify that he or she has translated truthfully and to the best of his or her 40 ability, and such certificate shall accompany the documents. transmitted by the magistrate to the Director-General. Rights and privileges of witnesses 9. (I) fu respect of the giving of evidence or the production of any book, document or object at an examination in terms of section 8, the law relating to privilege as applicable 45 to a witness giving evidence or subpoenaed to produce a book, document or object in a magistrate's court in similar proceedings, shall apply. · (2) Where a witness at such an examination claims privilege on the ground that he or she could not have been compelled to give the particular evidence in criminal proceedings in the requesting State, the magistrate shall record the witness' objection 50 and may postpone the proceedings in order to obtain from a competent authority in the requesting State an intimation as to whether or not the witness could in criminal proceedings in the requesting State be compelled to give the evidence in question. (3) Where a witness' claim to privilege is not recognised by a competent authority in the requesting State the magistrate shall reject his or her objection and proceed io take 55 the evidence. 12 No. 17587 Act No. 75, 1996 GOVERNMENT GAZETTE, 20 NOVEMBER 1996 · INTERNATIONAL CO-OPERATION IN CRlMINAL MATIERS . ACT,l996 \ (4) Any person required to give evidence at an examination under section 8 shall be entitled to payment of such expenses and fees as are payable to witnesses in a magistrate's court in proceedings similar to those in connection with which his or her evidence is required. Offences by witnesses 5 10. (I) Any person subpoenaed to appear to give evidence or produce any book, document or object before a magistrate conducting an examination who, without sufficient cause, fails to attend at the time and place specified or to remain in attendance · until the conclusion of the examination or until he or she is excused from further attendance by the magistrate conducting the examination, or refuses to be sworn or to 10 make affirmation as a witness, or having been sworn or having made affirmation, fails to answer satisfactorily any question put to hini or her, or fails to produce any book, document or object in his or her possession or custody or under his or her control, which he or she was subpoenaed to produce, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding three months. 15 (2) Any person who, after having been sworn or having made an affirmation or having been admonished as contemplated in section 8(1), gives false evidence before the person taking an examination knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to the penalty prescribed ~~b~~ w Attendance of witnesses in certain States 11. (1) When a subpoena purporting to be issued by a proper officer of a competent court oflaw in any State mentioned in Schedule I for the attendance of any person in any proceedings before that court is received from such officer by any magistrate within whose area of jurisdiction such person resides or is, such magistrate shall, if he or she is 25 satisfied that the subpoena was lawfully issued, endorse it for service upon such person, whereupon it may be served as if it was a subpoena issued in the court of such magistrate in proceedings similar to those in connection with which it was issued. (2) Upon service of the subpoena on the witness an amount sufficient to cover his or her reasonable expenses in connection with his or her attendance of the proceedings, 30 shall be tendered to hini or her. · (3) Any person subpoenaed under this section who, without sufficient cause, fails to attend at the time and place specified in the subpoena, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding three months. (4) Any magistrate's court within whose area of jurisdiction the subpoena has been served or the person subpoenaed resides, shall have jurisdiction to try such person for a contravention of subsection (3). 35 (5) For the purposes of subsection (3) a return of service indicating that the subpoena was properly served on the person concerned, together with a certificate by the presiding 40 officer of the court where the said person was to appear, to the effect that such person failed to appear at the time and place specified in the subpoena, shall be prima facie proof that the said person failed to appear as contemplated in that subsection. Witnesses from foreign States attending court in Republic not to be arrested in Republic 45

12. No witness residing in a foreign State and who attends a court or tribunal in the Republic shall, while so attending, be liable to be arrested in the Republic on any civil warrant for debt or on a criminal charge for the commission of an offence incurred or allegedly committed in the Republic, before his or her arrival in the Republic for the purpose of his or her attendance of such court or tribunal. 50 14 No. 17587 Act No. 75, 1996 GOVERNMENT GAZETIE, 20 NOVEMBER 1996 INTERNATIONAL CO-OPERATION IN CRIMINAL MATIERS ACf,1996 CHAPTER3 · Mutual execution of sentences and compensatory orders Request to foreign State for assistance in recovering fine or compensation 13. (I) If it appears to a court which has sentenced a person to the payment of a fine or made an order against him or her for the payment of compensation to another person 5 that such person does not have sufficient property in the Republic from which the fine or compensation can be recovered but that he or she does have property in a foreign State, the court may issue a letter of request in which assistance is sought from the foreign State concerned. (2) The letter of request may include a request for the recovery of all costs and 10 expenses incurred in connection with the recovery of the fine or compensation and that such costs and expenses be levied against the property of the convicted person from whom the fine or compensation is recovered. (3) A letter of request issued by a court in terms of subsection (1) shall be sent to the Director-General who shall transmit it- 15 (a) (b) to a court or tribunal specified in the reques_t, exercising jurisdiction in the place where the fine or compensation is to be recovered; or to the appropriate government body in the requested State. Satisfaction of fines or compensation

14. Any amount recovered pursuant to a request for assistance made under section 13, 20 less the costs of the recovery thereof, shall first be applied to satisfy or reduce the outstanding amount of the fine, and thereafter the balance shall be applied to satisfy or, if such amount is not sufficient, in reduction of the outstanding amount of the compensatory order. Registration of foreign sentence 15. (I) When the Director-General receives a request from a foreign State for assistance in the Republic to recover a fine to which a person has been sentenced in criminal proceedings in the requesting State, or for the execution of an order for the payment of compensation for damages to any person made in such proceedings, he or she shall, if satisfied- 25 30 (a) (b) (c) (d) that the sentence or order is final and not subject to review or appeal; that the court which imposed the sentence or made the order had jurisdiction; that the person on whom the sentence was imposed or against whom the order was made, had the opportunity of defending himself or herself; that the sentence or order cannot be satisfied in full in the country in which it 35 . was imposed; and (e) that the person concerned holds property in the Republic, submit the request to the Minister for approval .. (2) Upon receiving the Minister's approval that the sentence or compensatory order may. be executed in the Republic the Director-General shall lodge with the clerk of a 40 magistrate's court a certified copy of the document evidencing the foreign sentence or order and such clerk of the court shall thereupon register the sentence or order and the amount payable thereunder as reflected in the said document. (3) The clerk of the court shall forthwith give written notice of the registration of the sentence or order to the person on whom it was imposed or against whom it was made 45 or who has effective control over the relevant property in the Republic and shall notify such person that he or she may within the prescribed period and in the prescribed manner lodge an application for the setting aside of the· registration thereof. Minister may exercise discretion

16. Without limiting the Minister's discretion in any manner, he or she may refuse a 50 request for the execution of a foreign pecuniary sentence or compensatory · order 16 No. 17587 Act No. 75, 1996 GOVERNMENT GAZE1TE, 20 NOVEMBER 1996 INTERNATIONAL CO-OPERATION IN CRIMINAL MAITERS ACT,1996 submitted in terms of section 15(1) if he or she is satisfied that the surrender of the person upon whom the sentence was imposed or against whom the order was made, would not have been ordered under any law of the Republic relating to extradition, had a request for the extradition of such person been received. Effect of registration of sentence or compensatory order 5 / _17. (1) When a foreign sentence or compensatory order has been registered in terms of section 15, that sentence or order shall have the effect of a civil judgment of the court at which it has been registered, for the amount reflected therein in favour of the Republic as represented by the Minister. (2) A sentence or order registered in terms of section 15 shall not be executed before 10 the expiration of the period within which an application may be made in terms of section 15(3) for the setting aside of the registration thereof, or if such an application was made, before the final decision of such application. · (3) The Director-General shall, subject to any agreement or arrangement between the requesting State and the Republic, pay over to the requesting State any amount realised 15 in the execution of a registered sentence or order, less all expenses incurred in connection with the execution of such sentence or order. · Setting aside of registration of foreign sentence 18. (1) The registration of a foreign sentence or compensatory order in terms of section 15 shall, on the application of any person on whom the sentence was imposed or 20 against whom the order was made, be set aside if the court at which it was registered is satisfied- ( a) (b) (c) (d) (e) · (f) . that the sentence or order was registered contrary to a provision of this Act; that the court of the requesting State had no jurisdiction in the matter; that the sentence or order is subject to review or appeal;· that the person on whom the sentence was imposed or against whom the order was made did not appear at the proceedings concerned, or did not receive notice of the said proceedings as prescribed by the law of the requesting State or, if no such notice has been prescribed, that he or she did not receive reasonable notice of such proceedings so as to enable him or her to defend him 30 or her at the proceedings; that the enforcement of the sentence or order would be contrary to the interests of justice; or that the sentence or order has already been satisfied in any manner, including the serving of imprisonment in default of payment. · 35 25 · (2) The court hearing an application referred to in subsection (1) may at any time postpone the hearing of the application to such date as it may determine. CHAPTER4 Confiscation and transfer of proceeds of crime Request to foreign State for assistance in enforcing confiscation order 40 19. (1) When a court in the Republic makes a confiscation order, such court may on application to it issue a letter of request in which assistance in enforcing such order in a foreign State is sought if it appears to the court that a sufficient amount to satisfy the order cannot be realised in the Republic and that the person against whom the order has been made owns property in the foreign State concerned. . . (2) The amount to be levied by such request shall be sufficient to cover, in addition to the amount of the confiscation order, all costs and expenses incurred in the issuing and the executing of the request. · (3) A letter of request contemplated in subsection (1) shall be sent to the Director-General for transmission- (a) (b) to the court or tribunal specified in the request; or to the appropriate government body in the requested State. 45 50 18 No. 17587 Act No. 75, 1996 GOVERNMENTG~20NOVEMBER1~6 INTERNATIONAL CO-OPERATION IN CRIMINAL MATI"ERS ACf,1996 Registration of foreign confiscation order 20. (I) When the Director-General receives a request for assistauce in executing a foreign confiscation order in the Republic, he or she shall, if satisfied ( a) (b) (c) (d) (e) (f) that the order is final and not subject to review or appeal; that the court which made the order had jurisdiction; · that the person against whom the order was made, had the opportunity of defending himself or herself; . that the order cannot be satisfied in full in the country in which it was imposed; that the order is enforceable in the requesting State; and that the person concerned holds property in the Republic, ·. 5 10 submit such request to the Minister for approval. (2) Upon receiving the Minister's approval of the request contemplated in subsection (1), the Director-General shall lodge with the clerk of a magistrate's court in the Republic a certified copy of such foreign confiscation order. (3) When a certified copy of a foreign confiscation order is lodged with a clerk of a 15 magistrate's court in the Republic, that clerk of the court shall register the foreign confiscation order- · (a) where the order was made for the payment of money, in respect of the balance of the amount payable thereunder; or (b) where the order was made for the recovery of particular property, in respect of 20 the property which is specified therein. (4) The clerk of the court registering a foreign confiscation order shall forthwith issue a notice in writing addressed to the person against whom the order has been made- ( a). that the order has been registered at the court concerned; and (b) that the said person may, within the prescribed period and in the prescribed 25 manner, apply to that court for the setting aside of the registration of the order. · (5) (a) Where the person against whom the foreign confiscation order has been made is present in the Republic, the notice contemplated in subsection ( 4) shall be served on such person in the prescribed manner. (b) Where the said person is not present in the Republic, he or she shaH in the 30 prescribed manner be informed of the registration of the foreign confiscation order. Effect of registration of foreign confiscation order 21. (1) When any foreign confiscation order has been registered in terms of section 20, such order shall have the effect of a civil judgment of the court at which it has been registered in favour of the Republic as represented by the Minister. (2) A foreign confiscation order registered in terms of section 20 shall not be executed before the expiration of the period within which an application in terms of section 20( 4 )(b) for the setting aside of the registration may be made, or if such application has been made, before the application has been finally decided. 35 (3) The Director-General shall, subject to any agreement or arrangement between the 40 requesting State and the Republic, pay over to the requesting State any amount recovered in terms of a foreign confiscation order, less all expenses incurred in connection with the execution of such order. Setting aside of registration of foreign confiscation order 22. (1) The registration of a foreign confiscation order in terms of section 20 shall, on 45 the application of any person against whom the order has been made, be set aside if the court at which it was registered is satisfied- ( a) (b) (c) (d) that the order was registered contrary to a provision of this Act; that the court of the requesting State had no jurisdiction in the matter; that the order is subject to review or appeal; that the person against whom the order was made did not appear at the proceedings concerned or did not receive notice of the said proceedings as prescribed by the law of the requesting State or, if no such notice has been 50 20 No. 17587 Act No. 75, 1996 GOVERNMENT GAZETTE, 20 NOVEMBER 1996 INTERNATIONAL CO-OPERATION IN CRlMINAL MATTERS ACf, 1996 prescribed, that he or she did not receive reasonable notice of such proceedings so as to enable him or her to defend him or her at the proceedings; that the enforcement of the order would be contrary to the interests of justice; or that the order has already been satisfied. (e) (f) 5 (2) The court hearing an application referred to in subsection (1) may at any time postpone the hearing of the application to such date as it may determine. Request to foreign State fo~ assistance in enforcing restraint order 23; (l) When a court or judge in the Republic makes a restraint order, such court or judge may issue a letter of request in which assistance in enforcing such order in a 10 foreign State is sought if it appears to such court or judge that the person against whom the order has been made owns property in the foreign State concerned. (2) A Jetter of request contemplated in subsection (l) shall be sent to the Director-Generiil for transmission--: (a) (b) to the court or tribunal specified in the request; or to the appropriate government body in the requested State._ 15 Registration of foreigt} restraillt order 24. (I) When the Director-General receives a request for assistance in enforcing a foreign restraint order in the Republic, he or she may lodge with the registrar of a division of the Supreme Court a certified copy of such order if he or she is satisfied that 20 the order is not subject to any review or appeal. · (2) The registrar with whom a certified copy of a foreign restraint order is lodged in terms of subsection (I), shall register-such order in respect of the property which is specified therein. · . · . (3) The registrar registering a foreign restraint order shall forthwith give notice in 25 writing to the person against whom the order has been made-· (a) (b) that the order has been registered at the division of the Supreme Court concerned; and that the said person may within the prescribed period and in terms of the rules of court apply to that court for the setting aside of the registration of the order. 30 . · (4) (a) Where the person against whom the foreign restraint order has been made is present in the Republic, the notice contemplated in subsection (3) shall be served on such person in the prescribed manner. (b) Where the said person is not present in the Republic, he or she shall in the prescribed manner be informed of the registration of the foreign restraint order. ' 35 Effect of registration of foreign reStraint order

25. When any foreign restraint order has been registered in terms of section 24, that order shall have the effect of a restraint order made by the division of the Supreme Court ' at which it has been registered. _ , · · Set&g aside of registration of foreign restrrunt order 40 26. (1) The registration of a foreign restraint order iri terms of section 24 shall, on the application of the person against whom the order has been made, be set aside if the court at which the order was registered is satisfied- · (a) (b) (c) (d) (e) that the order was registered contrary to a provision of this Act; that the court of the requesting State had no jurisdiction in the matter; that the order is subject to review or appeal; that the enforcement of the order would be contrary to the interests of justice; or that the sentence or order in support of which the foreign restraint order was made, has been satisfied in full. 45 50 22 No. 17587 Act No. 75, 1996 GOVERNMENT GAZEITE, 20 NOVEMBER 1996 INTERNATIONAL CO-OPERATION 1N CRIMINAL MATTERS ACT,1996 (2) The court hearing an application referred to in subsection (1) may at any time postpone the hearing of the application to such date as it may determine. CHAPTERS Miscellaneous President may enter int~ agreements · . 5 27. (1) The President may on such conditions as he or she may deem fit enter into any agreement with any foreign State for the provision of mutual assistance· in criminal matters and may agree to any amendment of such agreement. (2) The Minister shall as soon as practical after Parliament has agreed to the ratification of, accession to or amendment or revocation of an agreement referred to in 10 subsection (1), give notice thereof in the Gazette. . . : · . Delegation by Minister 28. (1) The Minister may delegate to an official of the Department of Justice any function conferred upon him or her by this Act, except a function referred to in section n. (2) A function so delegated, when performed by the delegate, shall be deemed to have 15 been performed by the Minister. (3) The delegation of any function under this section shall not prevent the performance of such function by the Minister himself or herself. Delegation by Director·General · 20 29. (1) The Director-General may delegate to an official of the Department of Justice any function conferred upon him or her by or under this Act. (2) A function so delegated, when performed by the delegate, shall be deemed to have been performed by the Director-General. (3) The delegation of any function under this section shall not prevent the 25 performance of such function by the Director-General himself or herself. Admissibility of foreign documents·

30. Any deposition, affidavit, record of any conviction or any document evidencing any order of a court, issued in a foreign State, or any copy or sworn translation thereof, may be received in evidence at any proceedings in terms of a provision of this Act if it 30 is- · (a) authenticated in the maitner in which foreign documents are authenticated to enable them to be produced in any court in the Republic; or (b) authenticated in the manner provided for in any agreement with the foreign State concerned. Act not to limit provision of otber assistance

31. Nothing in this Act contained shall be construed so as to prevent or abrogate or derogate from any arrangement or practice for the provision or obtaining of international co-operation in criminal matters otherwise than in the manner provided for by this Act. . . ~ . . Conversion of currencies

32. If any amount- ( a) recovered in terms of section 13 or 19 in a requested State; or (b) payable in terms of an order registered under section 15 or 20, 35 40 24 No. 17587 Act No. 75, 1996 · GOVERNMENT GAZETIE, 20 NOVEMBER 1996 INfERNATIONAL CO-OPERATION IN CRlMINAL MATTERS ACf,1996 is expressed in a currency other than that of the Republic, such amount shall be converted into the currency of the Republic on the basis of the exchange rate- (i) which, in a case contemplated in paragraph (a), prevails on the date on which payment is made in the requested State; or (ii) which, in a case contemplated in paragraph (b), prevailed on the date on which 5 the order concerned was registered. Regulations 33. (1) The Minister may make regulations- ( a) with regard to the proof of any matter for the purposes of this Act; (b) prescribing any matter which shall or may be prescribed under this Act; and 10 (c) providing for any matter which he or she may consider necessary or expedient with a view to achieving the objects of this Act. (2) Different regulations may be made in respect of different foreign States: Amendment of Schedule I

34. The Minister may by notice in the Gazette amend Schedule I by adding or deleting 15 the name of any foreign State thereto or therefrom. Rules 35. (1) Any power to make rules under the Supreme Court Act, 1959 (Act No. 59 of 1959), shall be deemed to include the power to make rules so as to give effect to sections 24 and 26 of this Act. 20 (2) Any power to make rules under the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), shall be deemed to include the power to make rules so as to give effect to sections 8, 15, 18, 20 and 22 of this Act. Amendment and repeal of laws

36. The laws mentioned in Schedule II are hereby amended or repealed to the extent 25 indicated in the third column thereof. Short title and commencement

37. This Act shall be called the International Co-operation in Criminal Matters Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette. 30 26 No. 17587 Act No. 75, 1996 · GOVERNMENT GAZETIE, 20 NOVEMBER 1996 INTERNATIONAL CO-OPERATION IN CRIMINAL MATIERS Acr,t996 The Kingdom of Lesotho The Kingdom of Swaziland The Republic of Botswana The Republic of Malawi The Republic of Namibia The Republic of Zimbabwe SCHEDULE I (Section 11) · SCHEDULE II · • _ (Section 36) · !Number and yea ~hort title · - flaw · Act No. 58 of 1959 ~quests Act, 195S~e amendment of section 15 by the substitution for subsection (I pf the following subsection: "(!) Whenever in the course of any inquest proceedings i appears to the judicial officer holding the inquest that the examination of a witness is necessary and that the attendance o such witness cannot be procured without such delay, expense o inconvenience as would in the circumstances be unreasonable. th judicial officer may dispense with such attendance and rna appoint a person to be a commissioner to take the evidence o . such witness [whether] within the Republic [or elsewhere] i1 regard to such matters or facts as the judicial offi.cef may indicate and thereupon the provisioris' of sectioD. 171 of the Crimina Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandiJ apply.". · •' ' ; Act No .. 59 of 1959 upreme Court A.ct, 1959 ifhe amendment of section 33 by the substitution for subsection (1 pf the following subsection: Act No. 80 of 1962 oreign Courts evidence Act, 1962 "(I) Whenever a commission rogatoire or letter of request~ connection with any civil proceedings received from any State o territory or court outside the Republic, is transmitted to the registrar of a provincial or local division by the Director-General Justice, together with a translation in English or Afrikaans if the original is in any other language, and an intimation that the Minister considers it desirable that effect should be given thereto · without requiring an application to be made to such division by the agents, if any, of the parties to the action or matter, the registrar shall submit the same tO a judge in chambers in order tc give effect to such cominission rogatoire or Ie"tter of request. ••.

1. The substitution for section 2 of the following section: I · "Supreme Court may order examination of witness in Republic in connection with civil proceedings pending ill foreign court 2. (I) If upon an application in any provincial or local divisio' of the Supreme Court of South Africa, it appears to the court o any judge that a court of law of competent jurisdiction outside th Republic, before which any civil [or criminal] proceedings are pending, is desirous of obtaining the evidence in relation to sucll proceedings of any witness within the jurisdiction of sud division, the court or judge hearing the application may grant ail order for the examination of such witness before a person nameC in such order [who, in the case or criminal proceedings, shall b a magistrate). 28 No, 17587 Ad No. 75, 1996 GOVERNMENT GAZETI'E, 20 NOVEMBER 1996 INTERNATIONAL CO-OPERATION IN CRIMINAL MATI'ERS Acr, 1996 (2) Such an order shall not be granted if it appears to the cour1 or judge that the evidence required is the furnishing of informa tion in contravention of the provisions of section [2 or thE General Law Amendment Act, 1974) I of the Protection o Businesses Act, 1978 (Act No. 19 of 1978), [or is in connection with criminal proceedings of a political character or that tho witness is an accused person in the proceedings concerned].'' ~- The amendment of section 4 by the deletion of subsection (3). ~· The amendment of section 7 by the substitution for subsection (1 pf the following subsection: "(!) Whenever a subpoena pUIJlOrting to be issued by tho propef officer of a competent court of law in any territory mentioned in the Second Schedule for the attendance in any civi (or criminal] proceedings before that court of any person, ·j received from such officer by any magistrate within whose area o jurisdiction such person resides or is, such magistrate shall, if he or she is satisfied that the subpoena was lawfully issued, endon;e it for service upon such person, whereupon it may be served as i1 it were a subpoena issued in the court of such magistrate ill proceedings similar to those in connection with which it wa issued. . . . The repeal of section 12 . Act No. 51 of 1977 Criminal Proce- . 1. The amendment of section 171.- ure Act, 1977 a) by the substitution for paragraph (a) of subsection (I) of the following paragraph: .. . "(a) Whenever criminal proceedings are pending before; any court and it appears to such court on application made tc it that the examination of any witness who is resident in the Republic is necessary in the interests of justice and that the attendance of such witness cannot be obtained withou undue delay, expense or inconvenience [or. in the case of a witness who is resident outside the Republic, that tho attendance of such witness cannot be obtained) the cour1 may dispense with such attendance and issue a commis sian[- (i)) to any magistrate [where such witness is residen within the Republic; or (ii) to any competent person where such witness I resident outside the Republic)."; b) by the substitution for paragraphs (a) and (b) of subsection (2 of the following paragraphs, respectively: "(a) The magistrate [or other person) to whom the co~ssion is issued, shall proceed to the place where the witness is or shall summon the witness before him or her ·and take down the evidence 'in the manner set out ill paragraph (b) • (b)Tlle witness shall give his or her evidence upon oath o affirmation,_ and such evidence shall be recorded and read over to the witness, and if he or she adheres thereto be subscribed by him or her and the magistrate [or othe person] concerned."; and . ' c) by the deletion of paragraph (c) in subsection (2). . 30 No. 17587 Act No. 75, 1996 GOVERNMENT GAZETIE, 20 NOVEMBER 1996 INTERNATIONAL CO-OPERATION IN CRIMINAL MATIERS Acr, 1996 . The substitution for section 172 of the following section: .. Parties may examine witness

172. Any p~ _to proceedings in which a commission is issue< under section 171, may- . (a) transmit interrogatories in writing which the court issuin! . the commission may think relevant to the issue. and th magistrate [or other person] to whom the commission i issued. shall examine the witness upon such interrogatories or (b) appear before such magistrate [or olher person], either by legal representative or, in the case of an accused who is no in custody or in the case of a private prosecutor, in person and examine the witness .... . The substitution for section 173 of the following section: "Evidence on commission part of court record

173. The Magistrate [or other person, as the case may be shall return the evidence in question to the court which issued tht commission, and such evidence shall be open to the inspection o the parties to the proceedings and shall, in so far as it is admissibl as evidence in such proceedings, fonn part of the record of suet court [and be received in evidence at any subsequent stage o the case upon its mere production before anv other court] .... The amendment of section I by substituting for subsection (I) th allowing subsection: "(I) Notwithstanding aoything to the contrary contained ui ao\ law or other legal rule, and ex~ept with the permission of th Minister of Economic Affairs- ( a) no judgment, order, direction, arbitration award, interroga tory, commission rogatoire, letters of request or any othe request delivered, given or issued or emanating from outsid the Republic in connection with any civil proceedings an( arising from any act or transaction contemplated in subsec tion (3), shall be enforced in the Republic; (b) no person shall in compliaoce with or in response to ao) order, direction, interrogatory, commission rogatoire, letter. of request or any other request issued or emanating frorr outside the Republic in connection with anv civil nroceed l!!..s!· furnish any information as to any business whethe carried on in or outside the Republic.'". The amendment of section 1 by the substitution for the definition o 'judgment" of the following definition: " 'judgment' means any final judgment or order for the paymen of money, given or made before or after the commencement o this Act by any court in aoy civil proceedings [or In respect o compensation or damages to any aggrieved party in an criminal proceedings and] which is enforceable by execution ir the country in which it was given or made, but does not includ any judgment or order given or made by any court on appeal frorr a judgment or order of a court other than a court as defined by thi Act, or for the payment of any tax or charge of a like nature or o any fine or other penalty, or for the periodical payment of sums o money towards the maintenance of anv person;". I f\ct No. 99 of 1978 f<otection of ~usiness Act. 1978 f\ct No. 32 of 1988 ptforcement of Foreign Civil udgments Act, 1988 . f\ct No. 140 1992 o prugs and Dru, I. The repeal of Chapter VI. j2. The repeal of section 65. . ~eking Act, 1992