Procedure and Evidence Proclamation, 1938
Proclamation 8 of 1938
[Amended by General Laws Amendment Ordinance, 1954 on 7 July 1954]
[Amended by Supreme Court Act, 1959 on 1 January 1960]
[Amended by Civil Proceedings Evidence Act, 1965 on 30 June 1967]
PROCLAMATIONBY HIS HONOUR DAVID GIDEON CONRADIE,ADMINISTRATOR OF SOUTH WEST AFRICAWHEREAS it is desirable further to amend the law relating to the rules of evidence and procedure that are to be observed in Courts of law in Civil and Criminal proceedings, and to provide for the enforcement of maintenance orders issued out of Courts of law;NOW THEREFORE, under and by virtue of the powers in me vested; I do hereby proclaim, declare and make known as follows:-***
In any criminal proceedings arising out of the fact that a cheque drawn upon a bank has been dishonoured, the onus shall be upon the accused person to prove that he had good and sufficient reason to believe that the said cheque would be met by the said bank upon the due date.
This Proclamation shall be called the Procedure and Evidence Proclamation, 1938.GOD SAVE THE KINGGiven under my hand and seal at Windhoek, this 5th day of April, 1938.D. G. CONRADIE,Administrator.