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Section 281B — Evidence to be given in private in certain cases

As in force on 31 May 2024.

Timeline 3 versions
  1. 31 October 2018 Act 19 of 2018, S 724 of 2018
  2. 1 April 2022 Act 25 of 2021
  3. 31 May 2024 You are here
  4. 17 August 2026 Latest
281B.Evidence to be given in private in certain cases

(1)Despite any provision of any other written law but subject to subsection (2), in any case where the accused is charged with a sexual offence or child abuse offence, the court must order that the evidence of a witness be given in private, if —

(a)the witness is the alleged victim of that offence; and

(b)the witness does not elect to give evidence in an open and public court to which the public generally may have access.

(2)Subsection (1) does not apply to a matter or proceeding if —

(a)any other written law requires the matter or proceeding to be heard in private; or

(b)the court has ordered, under any other written law, that the matter or proceeding be heard in private.