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Domestic Violence Act, 1998 (Act No. 116 of 1998)

5A. Attendance of witnesses

 

(1) The court may, in the prescribed manner and at any stage of proceedings under this Act, cause to be subpoenaed any person as a witness at those proceedings or to provide any book, document or object, if the evidence of that person or book, document or object appears to the court essential to the just decision of the case.

 

(2)

(a) person who is subpoenaed as provided for in subsection (1) must attend the proceedings and remain in attendance at the proceedings until excused by the court.
(b) A person who—
(i) is in attendance at any proceedings under this Act, though not subpoenaed as a witness; and
(ii) is warned by the court to remain in attendance at the proceedings,

must remain in attendance until excused by the court.

 

(3) Any person who is subpoenaed in terms of subsection (1) or warned in terms of subsection (2) to attend proceedings and who fails to—
(a) attend or to remain in attendance;
(b) appear at the place and on the date and at the time to which the proceedings in question may be adjourned;
(c) remain in attendance at those proceedings as so adjourned; or
(d) produce any book, document, object or thing specified in the subpoena,

is guilty of an offence.

 

[Section 5A inserted by section 10 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]