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Section history

Section 174 — Non-attendance in obedience to an order from a public servant

As in force on 30 March 1987.

Timeline 7 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 30 November 2008 Revised edition
  4. 1 January 2020 Act 15 of 2019
  5. 2 January 2021 Act 40 of 2019
  6. 1 April 2022 Act 25 of 2021
  7. 17 August 2026 Latest
174.Non-attendance in obedience to an order from a public servant

Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation, proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at the place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $500 , or with both; or if the summons, notice, order or proclamation is to attend in person or by agent before a court of justice, with imprisonment for a term which may extend to 6 months, or with fine which may extend to $1,000, or with both.

Illustrations

(a) A, being legally bound to appear before the High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

(b) A, being legally bound to appear before a Magistrate as a witness, in obedience to a summons issued by that Magistrate, intentionally omits to appear. A has committed the offence defined in this section.