(3) The President may, from time to time, give such directions as he thinks fit as to the further detention or
care in an institution or other place of a person detained in terms of subsection (1) and may at any time order the
discharge of that person.
194 Presence of accused
(1) Every criminal trial shall take place and the witnesses shall, except as is otherwise specifically provided
by this Act or any other enactment, give their evidence viva voce in open court in the presence of the accused,
unless he so conducts himself as to render the continuance of the procee dings in his presence impracticable, in
which event the court may order him to be removed and direct that the trial proceed in his absence.
(2) If the accused absents himself during the trial without leave, the court may direct a warrant to be issued to
arrest him and bring him before the court forthwith.
(3) The court may, at any time during the trial, order that any or every person who is to be called as a witness,
other than the accused himself, shall leave the court and remain absent until he is called, and that he shall remain
in court after his evidence has been given.
(4) …
[Subsection repealed by section 6 of Act 8 of 1997.]
(5) The provisions of subsections (6) and (7) of section seventy-eight shall apply, mutatis mutandis, at every
criminal trial.
(6) …
[Subsection repealed by section 6 of Act 8 of 1997.]
(7) …
[Subsection repealed by section 6 of Act 8 of 1997.]
(8) …
[Subsection repealed by section 6 of Act 8 of 1997.]
195 Concealment of identity of juvenile on trial
(1) No person shall at any time publish by radio or television or in any document produced by printing or any
other method of multiplication, the name, address, school or place of occupation or any other information likely to
reveal the identity of any person under the age of eighteen years who is being or has been tried in any court on a
charge of having committed any offence:
Provided that, if—
(a) the judge or magistrate presiding at the trial; or
(b) the Minister at any time after the trial;
is of the opinion that publication referred to in this subsection would in the circumstances of the particular case be
just and equitable and in the public interest or in the interests of any particular person, he may consent to such
publication and the consent shall be conveyed by a document signed by the judge or the registrar of the High
Court or by the magistrate or the clerk of the magistrates court or by the Minister, as the case may be.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
[Subsection amended by section 28 of Act 9 of 2006 which incorrectly identifies it as section 196(2)]]
196 Concealment of identity of complainant and witnesses in certain cases
(1) Where an accused is charged with committing or attempting to commit—
(a) any indecent act towards another person; or
(b) any act for the purpose of procuring or furthering the commission of an indecent act towards or in
connection with any other person; or
(c) extortion or a statutory offence of demanding from any other person some advantage which is not due
and, by inspiring fear in such person’s mind, compelling him to render such advantage;
no person shall at any time publish by radio or television or in any document produced by printing or any other
method of multiplication the name, address, place of occupation or any other information likely to reveal the
identity of any person referred to in paragraph (a), (b) or (c) or of any witness unless the judge or magistrate
presiding at the trial, after consulting the person concerned or, if he is a minor, his guardian, has given his consent
in writing to such publication conveyed in a document signed by the judge or the registrar of the High Court or by
the magistrate or the clerk of the magistrates court, as the case may be.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
197 Identity of juvenile witness not to be revealed
(1) No person shall at any time publish by radio or television or in any document produced by printing or any
other method of multiplication, the name, address, school or place of occupation or any other information likely to
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