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Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Chapter V : Procedure and Evidence

26. Procedure

 

(1) Subject to the provisions of this Chapter, the rules of the law of evidence shall not apply in respect of the proceedings in a court, and a court may ascertain any relevant fact in such manner as it may deem fit.

 

(2) Evidence to prove or disprove any fact in issue, may be submitted in writing or orally.

 

(3) A party shall not question or cross-examine any other party to the proceedings in question or a witness called by the latter party, but the presiding commissioner shall proceed inquisitorially to ascertain the relevant facts, and to that end he may question any party or witness at any stage of the proceedings: Provided that the commissioner may in his discretion permit any party to put a question to any other party or any witness.