(1) Whenever the prosecutor at criminal proceedings informs the court that
any person called as a witness on behalf of the prosecution will be required by
the prosecution to answer questions which may incriminate such witness with
regard to an offence specified by the prosecutor -
(a) the court, if satisfied that such witness is otherwise a competent
witness for the prosecution, shall inform such witness -
(i) that he is obliged to give evidence at the proceedings in question;
(ii) that questions may be put to him which may incriminate him with regard
to the offence specified by the prosecutor;
(iii) that he will be obliged to answer any question put to him, whether by
the prosecution, the accused or the court, notwithstanding that the answer may
incriminate him with regard to the offence so specified or with regard to any
offence in respect of which a verdict of guilty would be competent upon a charge
relating to the offence so specified;
(iv) that if he answers frankly and honestly all questions put to him, he
shall be discharged from prosecution with regard to the offence so specified and
with regard to any offence in respect of which a verdict of guilty would be
competent upon a charge relating to the offence so specified; and
(b) such witness shall thereupon give evidence and answer any question put to
him, whether by the prosecution, the accused or the court, notwithstanding that
the reply thereto may incriminate him with regard to the offence so specified by
the prosecutor or with regard to any offence in respect of which a verdict of
guilty would be competent upon a charge relating to the offence so specified.
(2) If a witness referred to in subsection (1), in the opinion of the court,
answers frankly and honestly all questions put to him -
(a) such witness shall, subject to the provisions of subsection (3), be
discharged from prosecution for the offence so specified by the prosecutor and
for any offence in respect of which a verdict of guilty would be competent upon
a charge relating to the offence so specified; and
(b) the court shall cause such discharge to be entered on the record of the
proceedings in question.
(3) The discharge referred to in subsection (2) shall be of no legal force or
effect if it is given at preparatory examination proceedings and the witness
concerned does not at any trial arising out of such preparatory examination,
answer, in the opinion of the court, frankly and honestly all questions put to
him at such trial, whether by the prosecution, the accused or the court.
(4)(a) Where a witness gives evidence under this section and is not
discharged from prosecution in respect of the offence in question, such evidence
shall not be admissible in evidence against him at any trial in respect of such
offence or any offence in respect of which a verdict of guilty is competent upon
a charge relating to such offence.
(b) The provisions of this subsection shall not apply with reference to a
witness who is prosecuted for perjury arising from the giving of the evidence in
question, or for a contravention of section 319 (3) of the Criminal Procedure
Act, 1955 (Act 56 of 1955).
(1) A judge of the supreme court, a regional court magistrate or a magistrate
may, subject to the provisions of subsection 4, upon the request of an
attorney-general or a public prosecutor authorized thereto in writing by the
attorney-general, require the attendance before him or any other judge, regional
court magistrate or magistrate, for examination by the attorney-general or the
public prosecutor authorized thereto in writing by the attorney-general, of any
person who is likely to give material or relevant information as to any alleged
offence, whether or not it is known by whom the offence was committed: Provided
that if such person furnishes that information to the satisfaction of the
attorney-general or public prosecutor concerned prior to the date on which he is
required to appear before a judge, regional court magistrate or magistrate, he
shall be under no further obligation to appear before a judge, regional court
magistrate or magistrate.
(2) The provisions of sections 162 to 165 inclusive, 179 to 181 inclusive,
187 to 189 inclusive, 191 and 204 shall mutatis mutandis apply with reference to
the proceedings under subsection (1).
(3) The examination of any person under subsection (1) may be conducted in
private at any place designated by the judge, regional court magistrate or
magistrate.
(4) A person required in terms of subsection (1) to appear before a judge, a
regional court magistrate or a magistrate for examination, and who refuses or
fails to give the information contemplated in subsection (1), shall not be
sentenced to imprisonment as contemplated in section 189 unless the judge,
regional court magistrate or magistrate concerned, as the case may be, is also
of the opinion that the furnishing of such information is necessary for the
administration of justice or the maintenance of law and order.
