A Laws.Africa project
24 March 1922

South Africa Government Gazette dated 1922-03-24 number 1075

Partners

Download PDF (894.2Β KB)
Page 1
 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 β€œ 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:β€”                                                                                                                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 : β€”
    β€œ17. 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       β€˜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 β€˜β€˜ 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:β€”
       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 :β€”
       viously, according to law, have been cautioned by the
       assistant commissioner that he is not obliged, in answer to                                                       β€˜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 β€˜ 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 β€˜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
β€œand 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 : β€”                                                                                                  accused shall be present at any proceedings taken by the
                                                                                                                             assistant commissioner under this sub-section.
     β€˜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 β€˜β€˜ 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.”

           13

Page 2
Download full gazette PDF