South Africa

Implementation of the Rome Statute of the International Criminal Court (Act No. 27 of 2002)

Chapter 4
Cooperation with and assistence to Court in or outside South Africa

Part 2
Judicial assistance to court (ss 14-32)

18 Offences by witnesses

(1) Any person summoned to appear before a magistrate to give evidence or produce any book, document or object, who-

(a) without sufficient cause, fails to attend at the time and place specified or to remain in attendance until the conclusion of the examination or until he or she is excused from further attendance by the magistrate conducting the examination;

(b) refuses to be sworn or to make an affirmation as a witness;

(c) having been sworn or having made an affirmation, fails to answer any question put to him or her satisfactorily;

(d) fails to produce any book, document or object in his or her possession or under his or her control, which he or she was summoned to produce,

is guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding five years.

(2) Any person who, after having been sworn or having made an affirmation as contemplated in section 16 (3), gives false evidence before a magistrate knowing such evidence to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to the penalty which a competent South African court of law may impose for perjury.

Keywords

Offences against administration of justice



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