QFFICIAL GAZETTE OF THE
HIGH COMMISSIONER FOR SOUTH AFRICA.
PUBLISHED BY AUTHORITY OF HIS ROYAL HIGHNESS THE HIGH COMMISSIONER
Vou. LXXVIL] PRETORIA, FRIDAY, 24TH MARCH, 1922. [No. 1075.
No. 20 or 1922. 1922 ’’ and shall be read as one with the principal law as amended
and shall have force and take effect from the date of its publication
PROCLAMATION in the Gazette.
By His Royan Hiauxess tas Hig Commissioner. Gop Save tue Kine.
Given under my Hand and Seal at Capetown this Sixteenth day
Whereas it is desirable further to amend the Law of Evidence of March One thousand Nine hundred and Twenty-two.
Proclamation 1902 of the Transvaal as in force as amended in
Swaziland (herein after referred io as “ the principal law ’’); ARTHUR FREDERICK,
High Commissioner.
_ Now therefore under and by virtue of the powers authorities and
jurisdiction conferred upon and committed to my by His Majesty By Command of His Royal Highness
under the Swaziland Order-in-Council 1903 as amended by the the High Commissioner.
Swaziland Order-in-Council 1906 and the Swaziland Order-in-Council
1909, I do hereby declare proclaim and make known as follows:— H. J. STANLEY,
Imperial Secretary.
_ IL. Section seventeen of the principal law as in force in Swazi-
iand shall be and is hereby repealed and the following section shall (Printed by the Government Printer, Pretoria.)
be substituted therefor : —
“17. Any confession of the commission of any offence shall, if
such confession is proved by competent evidence to have been No. 21 or 1922.]
made by any person accused of such offence (whether before
or after his apprehension and whether on a judicial examina- PROCLAMATION
tion or after commitment, and whether reduced into writing By His Roya, Hieuness
or not) be admissible in evidence against such person: tHe High Commissioner.
Provided that such confession is proved to have been freely
and voluntarily made by such person in his sound and sober Whereas it is desirable to amend ‘The Criminal Procedure
senses and without having been unduly influenced thereto. Code 1903 ”’ of the Transvaal as in force in Swaziland (herein after
Provided further that if such confession is shown to have referred to as ‘‘ the code’’);
been made to a peace officer, other than an assistant com- _ ow therefore under and by virtue of the powers authorities and
missioner or justice of the peace, it shall not be admissible juris liction conferred upon and committed to my by His Majesty
in evidence under this section unless it was confirmed and under the Swaziland Order-in-Council 1903 as amended by the
reduced to writing in the presence of an assistant commis- Swaziland Order-in-Council 1906 and the Swaziland Order-in-Council
sioner or justice of the peace. Provided also that when such 1909, I do hereby declare proclaim and make known as follows:—
confession has been made on a preparatory examination 1. Section seventy-three of the code shall be and is hereby
before any assistant commissioner, such person must pre- repealed and the following section shall be substituted therefor :—
viously, according to law, have been cautioned by the
assistant commissioner that he is not obliged, in answer to ‘73. (1) As soon as the preparatory examination has been con-
the charge against him, to make any statement which may cluded, the prosecutor shall, if he has information or reason-
incriminate himself, and that what he then says may be used able grounds for believing that the accused has previously
in evidence against him. been convicted of any offence, transmit direct to the Crown
Provided also that no deposition made by any person on Prosecutor particulars of the alleged previous convictions.
any judicial examination under the provisions of sections one (2) If, under the provisions of section eighty-eight, the Crown
hundred and sixty and one hundred and siaty-three of Law Prosecutor determines to indict the accused for trial before
No. 18 of 1895 of the Transvaal as in force in Swaziland shall the Special Court of Swaziland for an offence disclosed by
be admissible evidence in any prosecution of such person for the evidence taken at the preparatory examination, the
any crime or offence other than perjury committed by him Crown Prosecutor may direct the assistant commissioner to
on such examination.”’ reopen the preparatory examination for the purpose of
ascertaining whether the accused admits that he has been
For the purposes of this Proclamation ‘ peace officer ’’ includes so previously convicted.
any assistant commissioner or justice of the peace, a sheriff or a (3) The assistant commissioner shall, in accordance with the
deputy-sheriff, any officer, non-commissioned officer, constable or Crown Prosecutor’s directions, reopen the preparatory
trooper of a police force established under any law, the gaoler or examination, shall inform the accused of the particulars of
warder of any gaol and any pass officer. the alleged previous conviction and shall call upon him to
2. Section nineteen of the principal law as in force in Swazi- admit or deny that ‘he was so previously convicted. Tf the
land shall be and is hereby amended by the addition of the words accused admits that he was so previously convicted, his
“and notwithstanding that the fact has been discovered and come admission shall be reduced to writing, and signed by him if
to the knowledge of the witness against the wish or will of the he is willing to sign it, and shall in any case be signed also
accused ”’ at the end thereof. by the assistant commissioner. No person except the
3. Section fifty-three of the principal law as in force in Swazi- assistant commissioner, the public prosecutor, the accused, his
land shall be and is hereby repealed and the following section shall legal adviser, the interpreter and the necessary escort of the
be substituted therefor : — accused shall be present at any proceedings taken by the
assistant commissioner under this sub-section.
‘68. (1) Whenever proof is required of the contents of any (4) The particulars of previous convictions shall not be attached
law, proclamation, statutory regulation or by-law, or Govern- to the record of the preparatory examination but shall be
ment notice, or of any other matter which has been published forwarded to the Crown Prosecutor, and shall not be pro-
in the Official Gazette of the High Commissioner for South duced against the accused until he has been convicted, or
Africa, judicial notice shall be taken of such law, proclama- until evidence of previous convictions becomes admissible in
tion, regulation, by-law, notice or other matter. . accordance with the provisions of section two hundred and
(2) A copy of the Gazette, or a copy of such law, proclamation, twenty of the code or section eleven of the Law of Evidence
statutory regulation, or by-law, notice or other matter pur- Proclamation 1902 of the Transvaal as in force as amended
porting to be printed under the superintendence or authority in Swaziland or any other law which specially provides that
of the Government Printer of Swaziland or of the Union of previous convictions are receivable in evidence against an
South Africa, shall, on its mere production, be evidence of accused person. . .
the contents of such law, proclamation, statutory regulation (5) Due care shall be taken by every officer that no information
or by-law, or notice or other matter, as the case may be.”’ relative to any alleged previous conviction of the accused is
4, This Proclamation may be cited for all purposes as ‘‘ The disclosed to any person, save as provided by this section, until
Swaziland Law of Evidence Further Amendment Proclamation evidence of such previous conviction is lawfully tendered.”
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