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

4. Examination of witnesses


(1) Any person required to take an examination under section two or three shall cause any person whose evidence is required, to be summoned to appear and give evidence or produce any book, document or object before him and upon his appearance shall administer an oath or affirmation to him and take his evidence upon interrogatories or otherwise as ordered or requested, as if he were a witness in a magistrate's court in proceedings similar to those in connection with which his evidence is required.


(2) Any person so to be summoned shall be summoned in the same manner as a person may be subpoenaed to appear before such a court in such proceedings.


(3) …deleted.


(4) Upon completion of the examination the person taking it shall transmit to the registrar of the court which granted the order for the examination or to the judicial officer who requested it, the evidence certified by him as correct, together with a certificate showing the amount paid to the witness in respect of the expenses of his appearance, the cost of the issue and service of the process for summoning the witness to appear and any other costs incurred in respect of the examination.

[Section 4(3) deleted by section 36 of Act 75 of 1996]