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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:-***
Procedure and Evidence Proclamation, 1938
Proclamation 8 of 1938
Published in Official Gazette no. 747 on 16 April 1938
Assented to on 5 April 1938
Commenced on 16 April 1938
[Up to date as at 9 April 2021]
[Amended by General Laws Amendment Ordinance, 1954 (Ordinance 11 of 1954) on 7 July 1954]
[Amended by Supreme Court Act, 1959 (Act 59 of 1959) on 1 January 1960]
[Amended by Civil Proceedings Evidence Act, 1965 (Act 25 of 1965) on 30 June 1967]
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.