Compulsion of Witnesses Act, 1907
Act 8 of 1907
- Commenced on 4 March 1907
- [This is the version of this document at 1 December 1998.]
Part I – General
1. Short titleThis Act may be cited as the Compulsion of Witnesses Act, 1907.
2. InterpretationFor the purposes of this Act, unless the context otherwise requires—“judicial officer” means a person presiding over a magistrate’s court;“magistrate’s court” means a court established under the Magistrates Courts Act, No. 66 of 1938;“registrar” means the Registrar of the High Court.
Part II – Procuring attendance of witnesses before Swaziland courts
3. Subpoenae issued out of certain countries in southern Africa to be endorsed for service in Swaziland
4. Chief Justice to make and amend tariff of expensesThe Chief Justice may make, alter or rescind a tariff of such expenses as are mentioned in section 3 in respect of any country to which this Part applies.
5. Penalty for non-attendance of person subpoenaed and how recoverable
6. How non-attendance of person subpoenaed to be provedThe return of the person authorised by section 3 to serve a subpoena showing that service has been duly made, together with a certificate under the hand and seal of the presiding judge, magistrate or other judicial officer of the court from which it was issued showing that the person summoned did not attend when called upon and did not establish any valid and lawful excuse for his default, shall be deemed sufficient proof of such person’s non-attendance for the purpose of enforcing the penalty mentioned in section 5.
7. Privilege of freedom from arrest during attendance at court in SwazilandNo person resident in a country to which this Part applies who is summoned as a witness before any court of Swaziland and whose attendance before such court is enforced by any law of such country or territory shall be liable while so attending to be arrested upon any civil or criminal process for any debt formerly due or for any offence formerly committed by him in Swaziland.
Part III – Procuring attendance of witnesses before courts of other countries
8. Examination by interrogatories of persons whose evidence is required in civil cases in magistrate’s courts in neighbouring countries
9. Chief Justice to make and amend tariff of expensesThe Chief Justice may make, alter and rescind a tariff of expenses payable to persons summoned before a judicial officer under section 8 and the tariff of the fees and stamps payable in respect of the issue and service of any such summons.
10. Penalty on person summoned for non-attendanceAny person required to appear before a judicial officer under section 8 shall be summoned in like manner and be liable to like penalties in the event of his non-attendance as if he had been summoned to give evidence before a magistrate’s court.
11. Interrogatories lawfully taken in other countriesIf, under any law in force in any country of southern Africa to which this Part applies, the evidence of persons who reside or may be in such country or territory has been taken by means of interrogatories for the purpose of using them in any civil cause or matter pending in any court of Swaziland, such evidence, if certified by the proper officer as having been taken in accordance with the law of such country or territory, shall (subject to all lawful objections) be received as evidence in such civil cause or matter.
Part IV – Application of Part II and III
12. Taking effect of either Part (Schedule)
History of this document
01 December 1998 this version
04 March 1907