Section 48: Recognisance to give evidence at trial
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
48. Recognisance to give evidence at trial
(1) The Magistrate may bind by recognisance in Form D of the Second
Schedule any witness to appear at the next sitting of the Supreme Court at
which the trial is intended to be held, then and there to give evidence against
the party accused.
(2) Where any such witness refuses to be bound by recognisance the
Magistrate may by his warrant in Form E of the Second Schedule commit
such witness to prison until after the trial of such accused party.
(3) Where afterwards from want of evidence or other cause, the Magistrate does not commit such accused party for trial, the Magistrate shall order
such witness to be discharged.
[S. 48 amended by s. 3 of Act 11 of 2007 w.e.f. 21 July 2007.]
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Questions this section answers
- Can a Magistrate order a witness to be jailed until my trial if they refuse to promise to appear and give evidence?