CHAPTER 4
COOPERATION WITH AND ASSISTANCE TO COURT IN OR OUTSIDE SOUTH AFRICA (ss 8-32)
Part 2
Judicial assistance to court (ss 14-32)
19 Attendance of witnesses in proceedings before Court
(1) A summons issued by a judge of the Court or the Prosecutor of the Court for the attendance of any person in any proceedings before the Court, whether in the Republic or elsewhere, must be transmitted to the Central Authority by the person receiving it in the Republic.
(2) Upon receipt of such summons, the Central Authority must immediately transmit it to the magistrate within whose area of jurisdiction such person resides or is present.
(3) Upon receipt of the summons, the magistrate must, if satisfied that the summons was issued by the Court, endorse it for service upon such person, whereupon it may be served as if it were a summons issued out of the court of such magistrate in proceedings similar to those in connection with which it was issued.
(4) Any person summoned under this section who, without sufficient cause, fails to attend at the time and place specified in the summons, is guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.
(5) Any magistrate's court within whose area of jurisdiction the summons has been served or the person summoned resides, has jurisdiction to try such person for a contravention of subsection (4).
(6) For the purposes of subsection (4), a return of service indicating that the summons was served properly on the person concerned, together with a certificate by a judge of the Court, to the effect that such person failed to appear at the time and place specified in the summons, is prima facie proof that the said person failed to appear as contemplated in that subsection.
20 Transfer of prisoner to give evidence or to assist in investigations
Despite any other law-
(a) where the Central Authority receives a request from the Court or the Prosecutor of the Court for the transfer of a prisoner in the Republic into the custody of the Court, for the purpose of giving evidence or assisting in an investigation, the Central Authority must transmit the request to the Cabinet member responsible for correctional services;
(b) if the prisoner consents to the transfer, the Commissioner of Correctional Services or any person authorised thereto by him or her in writing may issue the prescribed warrant for the transfer of the prisoner, into the custody of the Court in accordance with the arrangements made by the Cabinet member responsible for correctional services with the Registrar or the Prosecutor of the Court;
(c) any period of imprisonment served in the custody of the Court, by a prisoner transferred under this section, must be regarded as a period of imprisonment served in the Republic for purposes of calculating the remaining term of imprisonment of that person; and
(d) the Commissioner of Correctional Services must, where it appears that the term of imprisonment of the transferred prisoner will expire while that prisoner is still in the custody of the Court, in writing inform the Registrar of the date on which that term of imprisonment will expire.
21 Service of process and documents
(1) Upon receipt of a request by the Court for assistance in effecting the service of process or documents, except a summons contemplated in section 19 (1), the Central Authority must send the request, together with the process or documents, to the National Commissioner of the South African Police Service for service on the person concerned.
(2) The National Commissioner of the South African Police Service must cause the process or documents to be served on the person concerned in the manner specified in the request.
(3) The National Commissioner of the South African Police Service must send the return of service to the Central Authority for transmission to the Court.
22 Registration of restraint order
(1) When the Central Authority receives a request from the Court for assistance in enforcing a restraint order in the Republic, it may lodge with the registrar of the High Court in whose area of jurisdiction the property is situated or present a certified copy of such order if the Central Authority is satisfied that the order is not subject to any review or appeal and that the request is supported by the following:
(a) A concise statement of the purpose of the request, including the legal basis and the grounds for the request;
(b) as much information as possible about the location or identification of the property in question;
(c) a concise statement of the essential facts underlying the request;
(d) the reasons for and details of any procedure or requirement to be followed;
(e) any other information that is available and may be relevant in the circumstances.
(2) The registrar with whom a certified copy of a restraint order is lodged in terms of subsection (1), must, in the prescribed manner, register such order in respect of the property which is specified therein.
(3) The registrar registering a restraint order must immediately give notice in writing to the person against whom the order has been made that the-
(a) order has been registered at the High Court concerned; and
(b) said person may, within the prescribed period and in the prescribed manner, apply to that court for the setting aside of the registration of the order.
(4) (a) Where the person against whom the restraint order has been made is present in the Republic, the notice contemplated in subsection (3) must be served on such person in the prescribed manner.
(b) Where the said person is not present in the Republic, he or she must be informed of the registration of the restraint order in the prescribed manner.
23 Effect of registration of restraint order
When any restraint order has been registered in terms of section 22, that order has the effect of a restraint order made by that High Court under the Prevention of Organised Crime Act, 1998 (Act 121 of 1998).
24 Setting aside of registration of restraint order
(1) The registration of a restraint order in terms of section 22 must, on the application of the person against whom the order has been made, be set aside if the court at which the order was registered is satisfied that the-
(a) order was registered contrary to a provision of this Act;
(b) order is subject to review or appeal;
(c) sentence or order in support of which the restraint order was made, has been satisfied in full.
(2) The court hearing an application referred to in subsection (1) may at any time postpone the hearing of the application to such date as it may determine.
Other forms of cooperation
Request for other forms of cooperation
EDIT.