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court is of the opinion that it is in the interests of the administration of justice and that a
party to the proceedings would be prejudiced materially if oral evidence is not heard.
Admissibility of evidence obtained as result of direction requesting foreign
assistance and cooperation
62.
(1)
Evidence which is provided in response to a direction contemplated
in section 45 of this Act from a foreign State is deemed to be evidence under oath if—
(a)
it is obtained in terms of an order of a competent court of a foreign State; or
(b)
it is accompanied by a statement in which it appears that the witness was, in
terms of the law of the foreign State, warned to tell the truth and which is
authenticated —
(i)
in the manner prescribed in the rules of court for the authentication of
documents executed outside the Republic; or
(ii)
by a person and in the manner contemplated in section 7 or 8 of the
Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16
of 1963); or
(iii)
in terms of the laws of the foreign State,
which verifies the correctness of any evidence which has been furnished; and
(c)
the person, according to the law of the foreign State, would be guilty of an
offence for which he or she could be prosecuted if he or she makes a false
statement or representation, or furnishes false information, knowing it to be false.
(2)
Any evidence received in response to a direction, together with the
statement contemplated in subsection (1)(b) and the direction issued in terms of section
45(1) must be open to inspection by the parties to any proceedings.
(3)
Evidence obtained in terms of subsection (1) must be admitted as
evidence at any proceedings and forms part of the record of such proceedings if—
(a)
the party against whom the evidence is to be adduced agrees to the admission
thereof as evidence at such proceedings; or