(9) If the accused declines to give evidence, the prosecutor and the court may nevertheless question him and,
if the accused is legally represented, his legal representative may thereafter question him subject to the rules
applicable to a party re-examining his own witness.
199 Refusal of accused giving evidence or being questioned to answer question without just
cause may be used as evidence against him
(1) If an accused who gives evidence or is questioned in terms of subsection (7), (8) or (9), as the case may
be, of section one hundred and ninety-eight refuses to answer any question, he shall be asked to give his reasons
for so refusing and, if he persists in his refusal, the court, in determining whether the accused is guilty of the
offence charged or any other offence of which he may be convicted on that charge, may, unless satisfied that he
had just cause for so persisting, draw such inferences from the refusal as appear proper and the refusal may, on the
basis of such inferences, be treated as evidence corroborating any other evidence given against the accused.
(2) For the purposes of subsection (1), an accused who refuses to answer any question shall be deemed to do
so without just cause—
(a) in the case of an accused giving evidence in terms of subsection (8) of section one hundred and ninetyeight, unless he is entitled in terms of this Act to refuse to answer the question on the ground of privilege;
(b) in the case of an accused who is questioned in terms of subsection (9) of section one hundred and
ninety-eight, unless he would be entitled in terms of this Act to refuse to answer the question on the
ground of privilege if he were giving evidence on his own behalf.
200 Summing up
After all the evidence has been adduced, the prosecutor shall be entitled to address the court, summing up the
whole case, and the accused, or each of the accused if more than one, shall be entitled by himself or his legal
representative to address the court and if, in his address, the accused or his legal representative raises any matter
of law, the prosecutor shall be entitled to reply, but only on the matter of law so raised.
201 Validity of verdict
(1) No verdict or judgment or other proceedings whatever of a court in a criminal case shall be invalid by
reason of its happening on a Sunday.
(2) When by mistake a wrong judgment or sentence is delivered, the court may, before or immediately after it
is recorded, amend the judgment or sentence, and it shall stand as ultimately amended.
202 Certain discrepancies between indictment and evidence may be corrected
(1) When on the trial of any indictment, summons or charge there appears to be any variance between the
statement therein and the evidence offered in proof of such statement, or if it appears that any words or particulars
that ought to have been inserted in the indictment, summons or charge have been omitted, or that any words or
particulars that ought to have been omitted have been inserted, or that there is any other error in the indictment,
summons or charge, the court may at any time before judgment, if it considers that the making o f the necessary
amendment in the indictment, summons or charge will not prejudice the accused in his defence, order that the
indictment, summons or charge, whether or not it discloses an offence, be amended, so far as is necessary, by
some officer of the court or other person, both in that part thereof where the variance, omission, insertion or error
occurs and in every other part thereof which it may become necessary to amend.
(2) The amendment may be made on such terms, if any, as to postponing the trial as the court thinks reasonable and the indictment, summons or charge shall thereupon be amended in accordance with the order of the
court, and after any such amendment the trial shall proceed at the appointed time upon the amended indictment,
summons or charge in the same manner and with the same consequences in all respects as if it had been originally
in its amended form.
(3) The fact that an indictment, summons or charge has not been amended as provided in this section shall
not, unless the court has refused to allow the amendment, affect the validity of the proceedings thereunder.
203 Defect in indictment, summons or charge may be cured by evidence
When an indictment, summons or charge in respect of any offence is defective for want of the averment of
any matter which is an essential ingredient of the offence, the defect shall be cured by evidence at the trial in
respect of the offence proving the presence of such a matter which should have been averred, unless the want of
such averment was brought to the notice of the court before judgment.
204 Verdict to be of same effect as if indictment had been originally correct
Any verdict or judgment which is given after the making of any amendment under this Act shall be of the
same effect in all respects as if the indictment, summons or charge had originally been in the same form in which
it was after such amendment was made.
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