Section 168: Insufficiency of notices not to exclude evidence

168. Insufficiency of notices not to exclude evidence (1) Where the State or any other party to a trial is required by any law or rule of Court to file a list of witnesses or give a notice of facts, if at the trial witnesses be tendered whose names have not been included in such list, or who have not been sufficiently described therein, or if evidence is tendered of a fact omitted from or not sufficiently set out in such notice of facts, or if such list or notice has not been filed or given within the time fixed by law, the Court shall not reject the proof of such facts or refuse the witnesses offered merely on the ground that such notice of facts, list or description of witnesses has not been served in time, where it is satisfied that there has been no mala fides, but it may postpone the trial on such terms as to costs, if any, as to the Court seems just. (2) The State shall not be condemned in costs in any criminal trial. [S. 168 amended by Act 48 of 1991.]