(4) On any reconsideration in terms of subsection (3) the court shall not have power to receive further evidence. (5) If, on any reconsideration, the court either adheres to the original finding or substitutes therefor a fin ding of guilty of another offence or of the same offence in different circumstances, the court may substitute a different sentence for the original sentence: Provided that the court shall not have power to substitute a sentence which is more severe than the original sentence. (6) The confirming authority shall not have power to direct the reconsideration of any substituted finding come to by the court on a previous direction of the confirming authority or the reconsideration of the original finding if adhered to by the court on such previous direction. (7) Subject to this section, this Act shall apply to the proceedings of the court on any reconsideration in terms of subsection (3) as it applies to the deliberations of the court on the original finding or sentence and any substituted finding or sentence shall be treated for all purposes as an original or sentence of the court: Provided that the decision of the court on the reconsideration shall not be required to be announced in open court. 65 Evidence of proceedings of courts martial (1) The original proceedings of a court martial purporting to be signed by the president of the court and being in the custody of any person having the lawful custody thereof shall be admissible in evidence on production from that custody. (2) A document purporting to be a copy of the original proceedings of a court martial or any part thereof and to be certified by any person having the lawful custody thereof to be a true copy shall be evidence of the contents of the proceedings or the part to which the document relates, as the case may be. (3) This section shall apply to evidence given in any court and whether in civil or criminal proceedings. 66 Proof of outcome of civil trial (1) Where a member has been tried before a civil court, whether at the time of the trial this Act applied to him or not, a certificate signed by the clerk of the court and stating all or any of the following matters— (a) that the member has been tried before the court for an offence specified in the certificate; (b) the result of the trial; (c) what judgment or order was given or made by the court; (d) that other offences specified in the certificate were taken into consideration at the trial; shall, for the purposes of this Act, be evidence of the matters stated in the certificate. (2) The clerk of a civil court shall, if required by the commanding officer of the person in question or any other officer, furnish a certificate in terms of subsection (1). (3) A document purporting to be a certificate in terms of subsection (1) and to be signed by a clerk of the civil court shall, unless the contrary is shown, be deemed to be such a certificate. (4) References in this section to the clerk of the civil court include references to his deputy, to the registrar of the High Court and to any other person having the custody of the records of a civil court. 67 Offences in relation to military courts (1) Any person who— (a) having been duly summoned or ordered to attend as a witness before a military court, fails to comply with the summons or order; or (b) refuses to swear an oath when duly required by a military court to do so; or (c) refuses to produce any document in his custody or under his control which a military court has lawfully required him to produce; or (d) refuses to answer any question which a military court has lawfully required him to answer; or (e) wilfully insults any person, being a member of a military court or a witness or any other person whose duty it is to attend on or before a military court, while that person is acting as a member thereof or is so attending or is going to or returning from the proceedings of a military court; or (f) wilfully interrupts the proceedings of a military court or otherwise misbehaves before a military court; shall be guilty of an offence and liable on conviction — (i) if he is a member, by a court martial, other than the court martial in relation to which the offence was committed, or a civil court, to imprisonment for a period not exceeding two years or any lesser punishment; (ii) if he is not a member, by a civil court, to a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment. [Subparagraph amended by s. 4 of Act 22/2001] (2) Notwithstanding anything in subsection (1), where an offence in terms of paragraph (e) or (f) of subsection (1) is committed in relation to any court martial, that court martial, if of the opinion that it is expedient that

Select target paragraph3

Add to table of contents