Comparison View

Formal Consolidation |  2020 RevEd
Proof by formal admission
267.—(1)  Subject to this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or the accused, and the admission by any party of any such fact under this section is, as against that party, conclusive evidence in those proceedings of the fact admitted.
(2)  An admission under this section —
(a)may be made before or at the proceedings;
(b)if made otherwise than in court, must be in writing;
(c)if made in writing by an individual, must purport to be signed by the person making it and, if so made by a body corporate, limited liability partnership, partnership or unincorporated association, must purport to be signed by a duly authorised representative of that body corporate, limited liability partnership, partnership or unincorporated association, as the case may be;
(d)if made on behalf of an accused who is an individual, must be made by his or her advocate; and
(e)if made before the trial by an accused who is an individual, must be approved by his or her advocate before or at the proceedings in question.
(3)  An admission under this section for the purpose of proceedings relating to any matter is treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter, including any appeal or retrial.
(4)  An admission under this section may with the leave of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter.
Informal Consolidation | Amended Act 25 of 2021
Proof by formal admission
267.—(1)  Subject to this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or the accused, and the admission by any party of any such fact under this section is, as against that party, conclusive evidence in those proceedings of the fact admitted.
(2)  An admission under this section —
(a)may be made before or at the proceedings;
(b)if made otherwise than in court, must be in writing;
(c)if made in writing by an individual, must purport to be signed by the person making it and, if so made by a body corporate, limited liability partnership, partnership or unincorporated association, must purport to be signed by a duly authorised representative of that body corporate, limited liability partnership, partnership or unincorporated association, as the case may be;
(d)if made on behalf of an accused who is an individual, must be made by his or her advocate; and
(e)if made before the trial by an accused who is an individual, must be approved by his or her advocate before or at the proceedings in question.
(3)  An admission under this section for the purpose of proceedings relating to any matter is treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter, including any appeal or retrial.
(4)  An admission under this section may with the permission of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter.
[Act 25 of 2021 wef 01/04/2022]