COMPULSION OF WITNESSES: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Compulsion of Witnesses (Application to Neighbouring States) Order
Tariff of Allowances to Witnesses Regulations
TARIFF OF ALLOWANCES TO WITNESSES REGULATIONS
(under section 11)
(10th April, 1906)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Fees for attendance
3. Assessment of fees
4. Day’s journey
5. Master tradesmen
6. Females
7. Day’s journey on horseback
8. Expenses for conveyance
9. Two or more cases
HCN 34, 1906.
These Regulations may be cited as the Tariff of Allowances to Witnesses Regulations.
Witnesses from countries to which the provisions of Part III of the Act apply shall be paid for their attendance at rates not exceeding the following rates per diem, over and above their expenses of conveyance as hereinafter mentioned—
| P t | |
|
(a) physicians, surgeons, advocates, attorneys, Government land surveyors, civil engineers, public notaries and conveyancers ……… |
5,00 |
|
(b) Ministers of the Gospel, Members of the National Assembly, heads of departments in the public service, commissioned officers in the Army and Navy, commissioned permanent officers of Defence Forces, architects, importing merchants, bank managers …………. |
4,00 |
|
(c) district councillors, city or town councillors, farmers, auctioneers, enrolled agents, apothecaries, master mariners, mates, master tradesmen, accountants, brokers, clerks in the public service, Superintendents and Assistant Superintendents of Police, general dealers, licensed dealers in wines and spirits, secretaries of district councils and city or town councils ……………………………………………. |
2,00 |
|
(d) any person not previously enumerated whose station in life is, in the judgment of the District Officer who endorses the subpoena, superior to that of the persons mentioned in paragraph (e) ………….. |
1,50 |
|
(e) labourers and others of a similar station in life ………………………….. |
1,00 |
The fees for attendance shall be payable in respect of every day necessarily occupied in travelling to, remaining at, and returning from the court.
In the case of witnesses who do not travel to the court upon horseback or by vehicle, a day’s journey shall be taken to be 29 km.
No witness shall be considered a master tradesman for the purposes of these Regulations unless he has not fewer than two journeymen in his employment.
Females who come under any of the foregoing heads of classification shall be paid like males.
For the purposes of these Regulations, a day’s journey on horseback or by vehicle shall be taken to be 58 km, and as often as the residence of the witness shall be at such distance from the court house that more than 58 km must be travelled in going and returning, then the witness shall be entitled to, for every day’s journey and for every fraction of a day’s journey, expenses of conveyance at the rate of P2,50 a day:
Provided that—
(i) no witness shall be entitled to demand any larger sum for expenses of conveyance than he had reasonably and actually expended;
(ii) in case a witness could have travelled by sea, by railway train, or by any other public conveyance at less expense than by a private conveyance, he will only be allowed to charge for the expenses of conveyance which would be incurred in thus travelling by sea, by railway train, or by such public conveyance, and for the time which would be so occupied, unless it be proved by the affidavit of a duly qualified medical practitioner that travelling by sea, by railway train, or by a public conveyance would have been injurious to the health of the witness.
No witness, except a witness who has travelled to the court on horseback or by vehicle, shall be allowed expenses for conveyance.
When the same person is a witness in more cases than one heard on the same day, he shall be entitled to no more than one fee for personal attendance and one allowance for expenses of conveyance.
COMPULSION OF WITNESSES (APPLICATION TO NEIGHBOURING STATES) ORDER
(under section 2)
(26th November, 1962)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Application of Act to states
Schedule
HCN 99, 1962.
This Order may be cited as the Compulsion of Witnesses (Application to Neighbouring States) Order.
2. Application of Act to states
(1) Part II of the Act shall apply to the states specified in Part I of the Schedule.
(2) Part III of the Act shall apply to the states specified in Part II of the Schedule.
SCHEDULE
PART I
Lesotho
Namibia
Swaziland
PART II
Lesotho
Namibia
The Republic of South Africa
Swaziland
Zimbabwe