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Inquests Act, 1959 (Act No. 58 of 1959)

15. Taking evidence on commission

 

(1) Whenever in the course of any inquest proceedings it appears to the judicial officer holding the inquest that the examination of a witness is necessary and that the attendance of such witness cannot be procured without such delay, expense or inconvenience as would in the circumstances be unreasonable, the judicial officer may dispense with such attendance and may appoint a person to be a commissioner to take the evidence of such witness within the Republic in regard to such matters or facts as the judicial officer may indicate, and thereupon the provisions of section 171 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977 ), shall mutatis mutandis apply.

[Section 15(1) substituted by section 36 of Act No. 75 of 1996]

 

(2) Any person mentioned in subsection (2) of section eleven may appear before the person so appointed by counsel or attorney or in person and may examine the said witness.

 

(3) The evidence recorded in terms of this section shall be admissible in evidence at the inquest.

 

 


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