Africa do Sul - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Director-General
Department of Justice and Constitutional Development

 

Contact details:

Address:

Director General
Department of Justice and Constitutional Development
Postal Address: Private Bag X81, Pretoria, 0001, South Africa
Street Address: Momentum Centre , 329 Pretorius Street (c/o Pretorius and Prinsloo Streets), Pretoria, South Africa

Telephone:

+27-12 3151111

Fax:

+27-12 3151557

E-mail:

njmakhubele@justice.gov.za  

General website:

http://www.justice.gov.za/

Contact person:

Mr John Makhubele

Languages spoken by staff:

English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into English.

For the purposes of paragraph 4 of Article 4 of the Convention, a Letter of Request, if not in English, may also be sent to the Central Authority in any of the following languages: Sepedi, Sesotho, Setswana, Siswati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

South Africa has not sought reimbursement of costs under Art. 14(2) and 26.

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

Section 33 of the Supreme Court Act 59 of 1959.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Specific questions are required.

Is it a public or private hearing?

Either public or private, it is in the magistrate's discretion.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.

Are there sanctions for non-appearance of witness?

If subpoenaed to appear in court, non-appearance amounts to contempt of court which carries a criminal sanction.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Through stenographic means.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Not applicable.

Article 16

Not applicable.

Article 17

Applicable. See Competent Authority.

Article 18

Applicable. See Competent Authority.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

To consult bilateral and multilateral treaties to which South Africa is a party, see: www.dfa.gov.za/foreign/index.html

Useful links:

 

(This page was last updated on 1 September 2010)

This page was last updated on: