116
(b)
the court, having regard to—
(i)
the nature of the proceedings;
(ii)
the nature of the evidence;
(iii)
the purpose for which the evidence is adduced;
(iv)
any prejudice to any party which the admission of such evidence might
entail; and
(v)
any other factor which in the opinion of the court should be taken into
account,
is of the opinion that such evidence should be admitted in the interests of justice.
(4)
The provisions of subsection (2) do not render admissible any
evidence which would be inadmissible had such evidence been given at the subsequent
proceedings by the witness from whom it was obtained.
(5)
The court before which evidence is produced as prima facie proof
of the relevant contents thereof may, in its discretion—
(a)
cause the person who made the statement to be subpoenaed to give oral
evidence in the proceedings in question; or
(b)
cause written interrogatories to be submitted to such person for reply and such
interrogatories and any reply thereto purporting to be a reply from such person,
are likewise admissible in evidence at such proceedings.
(6)
The provisions of this section do not affect any other law in terms
of which evidence may be admitted as evidence at any proceedings and the provisions
of this section are additional to and not in substitution for, any such law.
Admissibility of evidence
63.
(1)
In any criminal proceedings under this Act, the rules of evidence
do not apply in a manner so as to preclude the admissibility of data, a data message or
data document in evidence—
(a)
merely on the grounds that it is data or a data message; or