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

7. Attendance of witnesses in certain territories


(1) Whenever a subpoena purporting to be issued by the proper officer of a competent court of law in any territory mentioned in the Second Schedule for the attendance in any civil proceedings before that court of any person, is received from such officer by any magistrate within whose area of jurisdiction such person resides or is, such magistrate shall, if he or she is satisfied that the subpoena was lawfully issued, endorse it for service upon such person, whereupon it may be served as if it were a subpoena issued in the court of such magistrate in proceedings similar to those in connection with which it was issued.

[Section 7(1) substituted by section 36 of Act 75 of 1996]


(2) Upon service of the subpoena on any person an amount sufficient to cover reasonable expenses to be incurred by him in proceeding to and returning from the court named in the subpoena and during his detention at the place where his evidence is to be given, shall be tendered to him.


(3) Any person subpoenaed under this section who, without sufficient cause, fails to attend at the time and place specified in the subpoena, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty rand or to imprisonment for a period not exceeding three months.


(4) Any magistrate's court in whose area of jurisdiction the subpoena has been served or the person subpoenaed resides, shall have jurisdiction to try such person for a contravention of the provisions of sub-section (3).


(5) The return of the person who under sub-section (1), is authorized to serve a subpoena showing that service was duly effected, together with a certificate under the hand and seal of the person presiding at the court from which the subpoena was issued, showing that the person subpoenaed failed, without establishing sufficient cause, to attend as required when called upon, shall, for purposes of sub-section (3), be deemed sufficient proof of such person's failure to attend.