Comparison View

Formal Consolidation |  2020 RevEd
Judge’s power to put questions or order production
167.—(1)  The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he or she pleases, in any form at any time, of any witness or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents are entitled to make any objection to any such question or order, nor, without the leave of the court, to cross‑examine any witness upon any answer given in reply to any such question.
(2)  The judgment must be based upon facts declared by this Act to be relevant and duly proved.
(3)  This section does not authorise any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under sections 123 to 133 if the question were asked or the document were called for by the adverse party.
(4)  The Judge must not —
(a)ask any question which it would be improper for any other person to ask under section 150 or 151; or
(b)dispense with the primary evidence of any document,
except in the cases excepted in this Act.
Informal Consolidation | Amended Act 25 of 2021
Judge’s power to put questions or order production
167.—(1)  The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he or she pleases, in any form at any time, of any witness or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents are entitled to make any objection to any such question or order, nor, without the permission of the court, to cross‑examine any witness upon any answer given in reply to any such question.
[Act 25 of 2021 wef 01/04/2022]
(2)  The judgment must be based upon facts declared by this Act to be relevant and duly proved.
(3)  This section does not authorise any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under sections 123 to 133 if the question were asked or the document were called for by the adverse party.
(4)  The Judge must not —
(a)ask any question which it would be improper for any other person to ask under section 150 or 151; or
(b)dispense with the primary evidence of any document,
except in the cases excepted in this Act.