Foreign Courts Evidence Act, 1995
Act 2 of 1995
- Published in Government Gazette 1033 on 20 February 1995
- Assented to on 13 February 1995
- Commenced on 20 February 1995
- [This is the version of this document from 15 September 2001 and includes any amendments published up to 1 December 2023.]
- [Amended by International Co-operation in Criminal Matters Act, 2000 (Act 9 of 2000) on 15 September 2001]
1. DefinitionsIn this Act, unless the context otherwise indicates, “magistrate” includes an additional magistrate and a divisional magistrate, but does not include a regional magistrate.
2. High Court may order examination of witness in Namibia in connection with civil proceedings pending in a foreign court
3. Magistrate to take examination of witness in Namibia in connection with civil proceedings pending in a foreign courtAny magistrate shall, upon request of any judicial officer performing the functions of a magistrate in any country mentioned in the First Schedule, take the examination of any witness within his or her area of jurisdiction in connection with any civil proceedings pending in the court of such judicial officer.
4. Examination of witnesses
5. Rights and privileges of witnesses
6. Offences by witnesses
7. Attendance of witnesses in certain countries
8. Witnesses from certain countries attending court in Namibia not to be arrested for certain mattersNo person subpoenaed in any country mentioned in the Second Schedule to appear before a court in Namibia, and who by virtue of any provision of any law of such country is required so to appear, shall while attending such court be liable to be arrested upon any civil or criminal warrant for any debt due or offence committed in Namibia before appearing before such court.
9. Certain fees not to be recovered in certain casesNo fees other than disbursements shall be recovered from any court outside Namibia in respect of the issue or service of any process for the purposes of this Act, unless the Minister otherwise directs or unless the process relates to or has been issued or served in pursuance of an order under section 2.
10. Minister may amend First or Second ScheduleThe Minister of Justice may by notice in the Gazette amend the First or Second Schedule by the exclusion therefrom of any country or the inclusion therein of any country.
12. Transitional provisionsAnything done under the Foreign Court Evidence Act, 1962 (Act 80of 1962), and which could have been done under a provision of this Act, shall be deemed to have been done under the corresponding provision of this Act.
13. Repeal of Act 80 of 1962The Foreign Courts Evidence Act, 1962 (Act 80of 1962) is hereby repealed.
14. Short title and commencementThis Act shall be called the Foreign Courts Evidence Act, 1995.
History of this document
15 September 2001 this version
20 February 1995
13 February 1995