Section 4: Attendance fees and travelling allowances

4. Attendance fees and travelling allowances (1) Subject to subsection (4), every witness shall be entitled for each attendance, to an attendance fee and a travelling allowance. (2) A witness shall, whether or not he is called upon to give evidence, be entitled to an attendance fee on any day on which he is required to be in attendance either by a summons issued by the Court at the request of the parties or by the Court on its own motion. (3) The attendance fee and the travelling allowance payable under this section shall be paid to the witness— (a) subject to paragraph (c), where the witness has been summoned at the request of one of the parties, by that party; (b) where the witness has been summoned by the Court, by the State; or (c) where the witness has been summoned by a party to whom legal aid has been granted, by the State. (4) Where a person is heard as a witness in more than one case on the same day and before the same Court, and any attendance fee and travelling allowance due to the person are payable by the State, he shall be entitled to receive his attendance fee and travelling allowance in respect of one case only. [S. 4 amended by Act 48 of 1991.]