Section 177: Recording evidence given before Supreme Court

177. Recording evidence given before Supreme Court (1) (a) In any criminal case heard before the Supreme Court, and at every stage thereof, the presiding Judge shall, save as hereinafter provided, take down in writing the oral evidence given before the Court, and in every civil case so heard the Master and Registrar or other officer of the Court performing the duties of Master and Registrar in Court shall, if the presiding Judge so directs, take down in writing, the oral evidence given before the Court. (b) Where the presiding Judge in a criminal case finds himself temporarily incapacitated from taking down such evidence, he may direct that such evidence be taken down by the Master and Registrar, or by the officer performing the duties of Master and Registrar in Court or by any officer of the Court or other person whom the presiding Judge considers competent, reliable and suitable for the purpose. (2) (a) Before the Master and Registrar, officer, or other person other than the presiding Judge takes down in writing any oral evidence, an oath shall be tendered to and taken by such Master and Registrar, officer or person for the accurate and faithful recording of such oral evidence according to the true purpose and meaning thereof, and such oath shall be in such terms as seem apt and sufficient to the presiding Judge. (b) Where the Master and Registrar or officer of the Court performing the duties of Master and Registrar in Court, has once duly taken such oath, he shall not again be required to take such oath in respect of the same or any subsequent case. (3) Notwithstanding subsection (1), the evidence and proceedings in any criminal or civil case before the Supreme Court may be recorded by tape or other technological means and the Judge may give such directions with regard to the recording of evidence and proceedings as he deems fit. [S. 177 amended by Act 29 of 1992; Act 28 of 1999.]