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

Part IV : Documentary Evidence (General Provisions)

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.