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Civil Proceedings Evidence Act, 1965 (Act No. 25 of 1965)

Part IV : Documentary Evidence (General Provisions)

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 subsections (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 section 1 of Act No. 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.