CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007
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Interpretation
(1) In this Act—
“civil proceedings” means proceedings which are not criminal in nature and which are
before the Supreme Court, the High Court, a magistrates court or any other court to
which the strict rules of evidence apply;
“computer” means any device or apparatus, whether commonly called a computer or not,
which by electromechanical, mechanical or other means is capable of receiving or
absorbing data and instructions supplied to it, of processing the data according to
mathematical or logical rules and, in compliance with such instructions, of storing the
data before or after such processing, and of producing information derived from the
data as a result of such processing, and includes any printing unit attached to such a
device or apparatus;
“court” includes a tribunal;
“document” includes any record of information made in a permanent form;
“give evidence” includes to answer a question and to produce a thing in evidence;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other
Minister to whom the President may, from time to time, assign the administration of
this Act;
“statement” includes any representation, whether made in words or figures or otherwise.
(2) Any reference in this Act to evidence of a fact or to a record of a fact shall be construed
as including evidence or a record, as the case may be, of a transaction or circumstance.
(3) Any power conferred by this Act upon a court may be exercised, subject to any
enactment by which the court is constituted, by the person presiding over the court.
(4) Where any period for the giving of notice in terms of this Act is expressed in days,
Saturdays, Sundays and public holidays shall not be counted as part of the period.
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Application of Act
This Act shall apply only to civil proceedings.
PART II
COMPETENCE AND COMPELLABILITY OF WITNESSES
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Competence of witnesses generally
Except as otherwise provided in this Act or any other enactment, every person shall be
competent to give evidence in any civil proceedings.
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Incompetence due to mental disorder, liquor or drugs
No person who is—
(a) suffering from any mental disorder or defect; or
(b) under the influence of intoxicating liquor or drugs;
to such an extent that he is deprived of the proper use of his reason shall be competent to give
evidence whilst he is so suffering or whilst he is so influenced.
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