CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007
and thereupon the translation shall be presumed to be true and accurate, unless the contrary is
proved.
(2) Any party wishing to produce a translation of a document in terms of subsection (1)
shall serve a copy of the translation on every other party to the proceedings in the time and
manner required in terms of rules of court.
(3) Where a party does not accept the accuracy of a translation served on him in terms of
subsection (2), he shall immediately give notice of that fact to the party intending to produce the
translation, who shall thereafter be required to prove the accuracy of the translation by
admissible evidence.
18 Disputed handwriting
Comparison of any disputed handwriting with any handwriting proved to be genuine may
be made by any witness, and such writings and the evidence of any witness with respect to them
may be adduced to prove the genuineness or otherwise of the handwriting in dispute.
19 Refreshing memory from documents
(1) Subject to this section, any witness, whilst giving evidence, may refresh his memory
from any document, where it is proved that the document was made by him or was made on his
instructions or was first read by him, at a time when his recollection of the facts set out in the
document could reasonably be supposed to be fresh in his mind.
(2) A document mentioned in subsection (1) shall not be referred to by a witness unless the
witness is able to produce the document in the court.
(3) Where a witness has refreshed his memory from a document in terms of subsection (1)
any opposing party may inspect the document and may cross-examine the witness upon it, but
that party shall not be required to produce the document in evidence unless he has crossexamined the witness on parts of the document to which the witness did not refer when
refreshing his memory.
(4) Where a document mentioned in subsection (1) has been produced in evidence, any
statement by the witness concerned which is contained in that document shall be admissible as
evidence of any fact stated therein of which direct oral evidence by him would be admissible.
20 Proof of certain matters by affidavit
(1) In this section—
“registered person” means a medical practitioner or any other person registered in terms
of the Health Professions Act [Chapter 27:19]5;
“scientific examination or process” means an examination or process which requires
knowledge of or skill in any branch of bacteriology, chemistry, physics, microscopy,
astronomy, mineralogy, anatomy, biology, haematology, histology, pharmacology,
toxicology, physiology, ballistics, geography, the identification of fingerprints, palmprints or foot-prints or any other science.
(2) Where oral evidence would be admissible to prove either or both the following—
5
As amended by s. 151 of Act 6/2001 (substitution of present words for former reference to Medical, Dental and
Allied professions Act [Chapter 24:08]).
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