magistrate may sentence him or her to a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment. (4) Any person sentenced by a magistrate to a fine or imprisonment in terms of subsection (3) shall have the same right of appeal as if he or she had been convicted and sentenced by a magistrates court in a criminal trial. (5) If a person who has entered into a recognizance for his or her appearance to give evidence at confirmation proceedings or for his or her appearance at an inquiry referred to in subsection (3) fails so to appear, he or she may, apart from the estreatment of his or her recognizance, be dealt with as if he or she had failed to obey a subpoena to attend confirmation proceedings. [Section inserted by section 6 of Act 9 of 2006.] 113E When tender of witness’ expenses not necessary No prepayment or tender of expenses shall be necessary in the case of a person who is required to give evidence at confirmation proceedings and who is also within five kilometres of the premises in which such proceedings are being held. [Section inserted by section 6 of Act 9 of 2006.] 113F Witness refusing to be examined or to produce evidence may be committed (1) Whenever any person appearing, either in obedience to a subpoena or by virtue of a warrant, or being present and being verbally required by the magistrate to give evidence at confirmation proceedings, refuses to be sworn or, having been sworn, refuses to answer such questions as are put to him or her, or refuses or fails to produce any document or thing which he or she is required to produce, without in any such case offering any just excuse for such refusal or failure, the magistrate may adjourn the proceedings for any period not exceeding eight clear days, and may in the meantime by warrant commit the person so refusing to prison unless he or she sooner consents to do what is required of him or her. (2) If a person referred to in subsection (1), upon being brought up upon the adjourned hearing, again refuses to, do what is so required of him or her, the magistrate may, if he or she sees fit, again adjourn the proceedings, and by order commit him or her for a like period and so again from time to time until such person consents to do what is required of him or her. (3) An appeal shall lie from any order of committal in terms of subsection (1) or (2) to the Supreme Court, which may make such order on the appeal as to it seems just. (4) Nothing in this section shall prevent the magistrate from confirming the accused’s statement in the meantime according to any other sufficient evidence taken by him or her. (5) No person shall be bound to produce at confirmation proceedings any document or thing not specified or otherwise sufficiently described in the subpoena unless he or she actually has it with him or her. [Section inserted by section 6 of Act 9 of 2006.] 114 …. [Section repealed by section 7 of Act 9 of 2006.] 115 Failure to mention fact relevant to allegation may be used as evidence If an accused alleges during the course of any criminal proceedings that a statement allegedly made by him which is tendered by the State in evidence was not made by him or was not made freely and voluntarily without his having been unduly influenced thereto and it is proved by the State that— (a) the same statement was produced in terms of subsection (2) of section one hundred and thirteen; and (b) the accused, when requested to do so in terms of subsection (4) of that section, failed to mention any fact, being a fact which, in the circumstances existing at the time, he could reasonably have been expected to have mentioned; the magistrate or the court, as the case may be, in determining whether the statement was made by the accused or is admissible, may draw such inferences from the failure as appear proper and the failure may, on the basis of such inferences, be treated as evidence corroborating any other evidence given against the accused. 115A Verification of witnesses’ depositions in certain circumstances (1) Where, at any time before an accused is brought to trial for an offence, a witness has made a deposition giving material information relating to the offence, and it appears to the prosecutor that— (a) the witness is dangerously ill; or (b) the evidence of the witness is given in his or her capacity as an expert witness, and that the nature of the witness’s professional commitments is such as to render it difficult to secure his or her attendance at the trial on any given day, or (c) for any other reason it may not be possible to secure the attendance of such witness at the trial; the prosecutor may, if so authorised by the Attorney-General, make an urgent ex parte application to a magistrate in chambers for an order to verify the deposition in terms of this section. (2) An application in terms of subsection (1) shall be accompanied by— (a) the deposition referred to in subsection (1); and