Criminal Procedure Act, 1977 (Act No. 51 of 1977)
Regulations Prescribing the Tariff of Allowances Payable to Psychiatrists and Clinical Psychologists who Appear as Witnesses in Court
2. Subsistence allowance
|(1)||A psychiatrist or clinical psychologist who is—|
|(a)||designated or appointed by or at the request of the court in terms of section 79(1) of the Act to enquire into and report on the mental condition of an accused; or|
|(b)||ordered to evaluate the criminal capacity of a child in terms of section 11(3) of the Child Justice Act,|
and who is not in the full-time service of the State, who must attend court in connection with an accused whom he or she has examined is entitled to the following allowances contemplated in subregulation (2).
|(2)||The psychiatrist or clinical psychologist contemplated in subregulation (1) who is for the purpose of the attendance of court absent from his or her residence or place of sojourn and—|
|(a)||is obliged to be absent for longer than 24 hours from his or her residence or place of sojourn, shall be entitled to the allowances as prescribed from time to time for the Public Service; or|
|(b)||is obliged to be absent from his or her residence or place of sojourn for less than 24 hours, shall be entitled to the reasonable actual expenses incurred if the necessary corroborative documents accompany the claim to the satisfaction of the court manager or the registrar, or to the expenses as prescribed from time to time for the Public Service:|
Provided that the allowances provided for in paragraphs (a) and (b) are payable for the full period for which the psychiatrist or clinical psychologist is absent from his or her residence or place of sojourn for purposes of attending the court.
|(3)||In calculating the period of absence for purposes of subregulation (2)(a), a psychiatrist or clinical psychologist is allowed 24 hours for each distance of 600 kilometres or part thereof travelled.|
[Regulation 2 substituted by regulation 3 of Notice No. R. 969, GG 41096, dated 6 September 2017]