PROCLAMATIONBY HIS HONOUR SIR EDMOND HOWARD LACAM GORGES, KNIGHT COMMANDER OF THE MOST DISTINGUISHED ORDER OF SAINT MICHAEL AND SAINT GEORGE, A MEMBER OF THE ROYAL VICTORIAN ORDER, ADMINISTRATOR OF THE PROTECTORATE OF SOUTH WEST AFRICA IN MILITARY OCCUPATION OF THE UNION FORCESWHEREAS it is desirable to make further provision for the administration of justice in the Protectorate.NOW THEREFORE, under and virtue of the powers in me vested, I do hereby declare, proclaim and make knows as follows:-
Further Administration of Justice Proclamation, 1920
Proclamation 38 of 1920
Published in Official Gazette no. 35 on 1 September 1920
Assented to on 7 August 1920
Commenced on 1 September 1920
[Up to date as at 23 April 2020]
[Amended by Criminal Procedure and Evidence Proclamation, 1935 (Proclamation 30 of 1935) on 30 December 1935]
[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]
Notwithstanding the provisions of section 3(4) of the Administration of Justice Proclamation, 1919, it shall be lawful for the High Court of South-West Africa to be held at any place within the Protectorate that may be appointed from time to time by the Judge of the said High Court.
All advocates and attorneys admitted and enrolled in the High Court of South-West Africa shall be entitled without any other admission or enrolment to practise respectively as advocates or attorneys in any Circuit Court aforesaid.
The law of procedure in civil proceedings before the said Circuit Courts shall be that for the time being followed by the Circuit Local Divisions of the Supreme Court of South Africa in the Province of the Cape of Good Hope.
The Administrator may make regulations as to the method of transport of the Judge of the High Court of South-West Africa and the scales of transport, travelling and subsistence allowances when he is travelling on duty or is absent on duty from his place of residence.
In every case in which any judgment, decree or order of the High Court of South-West Africa or of any Circuit Court shall require to be proved, inspected or in any manner referred to in any other Court, a copy of such record certified under the signature of the Registrar of such Court, or where the records have been transmitted to the High Court under the signature of the Registrar of the High Court, shall be taken and received as prima facie evidence of such record, provided that it shall not be necessary in regard to any such certified copy to prove the handwriting of the Registrar to any such copy
This Proclamation may be cited for all purposes as the “Further Administration of Justice Proclamation, 1920”.GOD SAVE THE KING.Given under my hand at Windhuk this 7th day of August, 1920E.H.L. GorgesAdministrator.