CRIMINAL PROCEDURE AND EVIDENCE ACT 278 Admissibility of affidavits in certain circumstances (1) In any criminal proceedings in which it is relevant to prove— (a) any fact ascertained by an examination or process requiring knowledge of or skill in bacteriology, chemistry, physics, microscopy, astronomy, mineralogy, anatomy, biology, haematology, histology, toxicology, physiology, ballistics, geography or the identification of finger-prints, palm-prints or footprints or any other knowledge or skill whatsoever; (b) any opinion relating to any fact ascertained by an examination or process referred to in paragraph (a); a document purporting to be an affidavit relating to any such examination or process and purporting to have been made by any person qualified to carry out such examination or process who in that affidavit states that such fact was ascertained by him or under his direction or supervision and that he arrived at such opinion, if any, stated therein shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the fact and of any opinion so stated. (2) In any criminal proceedings in which it is relevant to prove— (a) any fact ascertained by a medical practitioner in any examination carried out by him which is proper to the duties of a medical practitioner; (b) that any treatment, including the performance of an operation, was administered by a medical practitioner; (c) any opinion of a medical practitioner referred to in paragraph (a) or (b) relating to any fact or treatment referred to in that paragraph; a document purporting to be an affidavit relating to any such examination or treatment and purporting to have been made by a person who in that affidavit states that he is or was a medical practitioner and in the performance of his duties in that capacity he carried out such examination and ascertained such fact in such examination or administered such treatment, and, in either case, arrived at such opinion, if any, stated therein shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts and of any opinion so stated. (3) In any criminal proceedings in which it is relevant to prove— (a) any fact ascertained or thing done by a person registered in terms of the Health Professions Act [Chapter 27:19] in the course of his duties; (b) any opinion of a person referred to in paragraph (a) relating to any fact or thing referred to in that paragraph; a document purporting to be an affidavit relating to any such duties and purporting to have been made by a person who in that affidavit states that he is or was a person registered in terms of the Health Professions Act [Chapter 27:19] and in the performance of his duties in that capacity he ascertained such fact or did such thing and, in either case, arrived at such opinion, if any, stated therein shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts and of any opinion so stated. [Subsection amended by s. 151 of Act No. 6 of 2000.] (3a) For the avoidance of doubt, and without derogating from subsection (3), it is declared that in any criminal proceedings for the prosecution of a sexual offence, an affidavit relating to the examination or treatment of the alleged victim of the offence made by a suitably qualified nurse who in that affidavit states he or she is a suitably qualified nurse and in the performance of his or her duties in that capacity ascertained any fact by treating or examining the alleged victim and arrived at any opinion relating to that fact, shall, on its mere production in those proceedings by any person, but subject to subsections (11) and (12), be prima facie proof of the facts and of any opinion so stated. [Subsection inserted by s. 23 of Act No. 9 of 2006] (4) In any criminal proceedings in which it is relevant to prove any fact relating to— 103