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 section 151 of Act 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 section 23 of Act 9 of 2006.]
(4) In any criminal proceedings in which it is relevant to prove any fact relating to—
(a) the condition, efficiency, capability, design, dimensions or mass of any vehicle or part or accessory
thereof; or
(b) any damage alleged to have been caused to any vehicle or part or accessory thereof; or
(c) the mass of any load alleged to have been carried on or in any vehicle;
a document purporting to be an affidavit made by any person who in that affidavit states that he is or was an
inspecting officer as defined in the Road Traffic Act [Chapter 13:11] and in the performance of his official duties
in that capacity he ascertained such fact by examining, testing, measuring or weighing such vehicle, part, accessory or load, shall, on its mere production in those proceedings by any person, but subject to subsections (11) and
(12), be prima facie proof of that fact.
(5) In any criminal proceedings in which the physical condition or identity of a deceased person or dead body
while such person or dead body was in or at a hospital, nursing-home, ambulance or mortuary, is relevant to the
issue, a document purporting to be an affidavit made by a person who in that affidavit states that he is or was
employed at or in connection with the hospital, nursing-home, ambulance or mortuary and that in the performance
of his official duties there or in connection therewith he observed the physical characteristics of the deceased
person or dead body described in the affidavit, or that while the deceased person or dead body was under his care,
such person or dead body sustained the injuries or wounds described in the affidavit or sustained no injuries or
wounds, or that he identified, pointed out or handed over the deceased person or dead body to another person or
left the deceased person or dead body in the care of another person, or that the deceased person or dead body was
identified, pointed out or handed over to him or left in his care by another person, 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 so
stated.
(6) In any criminal proceedings in which the identity of a person since deceased or of the body of a deceased
person is relevant to the issue, a document purporting to be an affidavit made by a person who in that affidavit
states that he knew the deceased person in his lifetime and that he identified the person or dead body to another
person 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 so stated.
(7) In any criminal proceedings in which the receipt, custody, packing, delivery or dispatch of any document,
finger-print or palm-print, article of clothing, specimen, limb or organ or any object of whatever nature is relevant
to the issue, a document purporting to be an affidavit made by a person who in that affidavit states that in the
performance of his duties he received from, or delivered or dispatched to, a person, institute, Ministry, department
or laboratory mentioned in the affidavit the object described in the affidavit or packed or marked in a manner so
described, or that during the period mentioned in the affidavit he had the custody, in the manner so mentioned, of
the object described in the affidavit or packed or marked in the manner so described, as the case may be, shall, on
Select target paragraph3
Add to table of contents