17 Rights and privileges of witnesses before magistrate
(1) In respect of the giving of evidence or the production of any book, document or object at an examination in terms of section 16section 16,, the laws of the Republic relating to privilege applicable to such a witness in a magistrate's court in similar proceedings apply.
(2) A person summoned to appear before a magistrate in terms of section 16 may be assisted by a legal practitioner in the proceedings contemplated in that section.
[a27y2002s18]18 Offences by witnesses
(1) Any person summoned to appear before a magistrate to give evidence or produce any book, document or object, who-
(a) without sufficient cause, fails to attend at the time and place specified or to remain in attendance until the conclusion of the examination or until he or she is excused from further attendance by the magistrate conducting the examination;
(b) refuses to be sworn or to make an affirmation as a witness;
(c) having been sworn or having made an affirmation, fails to answer any question put to him or her satisfactorily;
(d) fails to produce any book, document or object in his or her possession or under his or her control, which he or she was summoned to produce,
is guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding five years.
(2) Any person who, after having been sworn or having made an affirmation as contemplated in section 16 (3)section 16 (3),, gives false evidence before a magistrate knowing such evidence to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to the penalty which a competent South African court of law may impose for perjury.
1. Witnesses shall enjoy the following privileges, immunities and facilities to the extent necessary for their appearance before the Court for purposes of giving evidence, including the time spent on journeys in connection with their appearance before the Court, subject to the production of the document referred to in paragraph 2 of this article:
2. Witnesses who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article shall be provided by the Court with a document certifying that their appearance is required by the Court and specifying a time period during which such appearance is necessary.
(a) Immunity from personal arrest or detention;
(b) Without prejudice to subparagraph (d) below, immunity from seizure of their personal baggage unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the State Party concerned;
(c) Immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their testimony, which immunity shall continue to be accorded even after their appearance and testimony before the Court;
(d) Inviolability of papers and documents in whatever form and materials relating to their testimony;
(e) For purposes of their communications with the Court and counsel in connection with their testimony, the right to receive and send papers and documents in whatever form;
(f) Exemption from immigration restrictions or alien registration when they travel for purposes of their testimony;
(g) The same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention.