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Foreign Courts Evidence Act, 1962 (Act No. 80 of 1962)

2. Supreme Court may order examination of witness in Republic in connection with civil proceedings pending in foreign court


(1) If upon an application in any provincial or local division of the Supreme Court of South Africa, it appears to the court or any judge that a court of law of competent jurisdiction outside the Republic, before which any civil proceedings are pending, is desirous of obtaining the evidence in relation to such proceedings of any witness within the jurisdiction of such division, the court or judge hearing the application may grant an order for the examination of such witness before a person named in such order.


(2) Such an order shall not be granted if it appears to the court or judge that the evidence required is the furnishing of information in contravention of the provisions of section 1 of the Protection of Businesses Act, 1978 (Act No.19 of 1978).

[Section 2(2) substituted by section 4 of Act 18 of 1996]


[Section 2 substituted by section 36 of Act 75 of 1996]