113
EVIDENCE
Admissibility of affidavits
61.
(1)
Whenever any fact established by any examination or process
requiring any skill in—
(a)
the interpretation of data;
(b)
the design of, or functioning of data, a computer device, a computer network, a
database, an electronic communications network;
(c)
computer science;
(d)
electronic communications networks and technology;
(e)
software engineering; or
(f)
computer programming,
is or may become relevant to an issue at criminal proceedings or civil proceedings as
contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, 1998 (Act No.
121 of 1998), a document purporting to be an affidavit made by a person who, in that
affidavit, states that he or she—
(i)
is in the service of a body in the Republic or a foreign State designated by the
Cabinet member responsible for the administration of justice, by notice in the
Gazette;
(ii)
possesses relevant qualifications, expertise and experience which make him or
her competent to make the affidavit; and
(ii)
has established such fact by means of an examination or process,
is, upon its mere production at such proceedings, prima facie proof of such fact.
(2)
Any person who makes an affidavit under subsection (1) and who
in such affidavit wilfully states anything which is false, is guilty of an offence and is liable
on conviction to a fine or imprisonment not exceeding two years.
(3)
The court before which an affidavit is produced as prima facie proof
of the relevant contents thereof may, in its discretion, cause the person who made the