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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 23 : Witnesses

194A. Evaluation of competency of witnesses due to state of mind

 

(1) For purposes of section 193, whenever a court is required to decide on the competency of a witness due to his or her state of mind, as contemplated in section 194, the court may, when it deems it necessary in the interests of justice and with due consideration to the circumstances of the witness, and on such terms and conditions as the court may decide, order that the witness be examined by a medical practitioner, a psychiatrist or clinical psychologist designated by the court, who must furnish the court with a report on the competency of the witness to give evidence.

 

(2) A medical practitioner, psychiatrist or clinical psychologist designated by the court in terms of subsection (1) who is not in the full-time service of the State, must be compensated for his or her services in connection with the enquiry from public funds in accordance with a tariff determined by the Minister in consultation with the Cabinet member responsible for national financial matters.

 

(3) If the contents of a report contemplated in subsection (1) are not disputed, the report is admissible as evidence on its production.

 

[Section 194A inserted by section 10 of Act No. 8 of 2017]