Legal Talk

There are different types of witnesses such as eyewitness, expert witnesses and even witnesses who are called to give evidence in aggravation or mitigation of sentence. When an expert witness is called to testify in a trial, the 'opposition' side is also granted an opportunity to bring their own expert witness to be able to properly challenge such expert testimony. The following information, which has been extracted from the Department of Justice and Constitutional Development, is aimed at educating the "layman" witness, who may find himself or herself willingly or unwillingly having to give evidence in a criminal trial.

The court must return a fair verdict and witnesses are therefore essential. By testifying you enable the court to act reasonably and fairly.

You have to appear in court in person. It is advisable to arrive at court half an hour before the proceedings commence. Inform the public prosecutor immediately of your presence. Request the public prosecutor to read through your statement. If anything important is not contained in your statement, you should inform the prosecutor. It often happens that witnesses have to wait before they are called to testify. You are not allowed to attend the court case in which you will be testifying you have to wait outside be present until you are excused by the prosecutor or the magistrate. You should not discuss the case concerned with other witnesses.

You have to take an oath or solemnly affirm that your testimony will be truthful before you testify. The public prosecutor will question you. You may only address the court. The correct form of address in a Magistrates and Regional Court is: "Your Worship". In the High Court the correct manner to address the judge is "My Lord". You may only testify on aspects within your knowledge and will be guided by the prosecutor. Evidence related to you by someone else is inadmissible. The accused or his legal representative may also question you. You must listen carefully and address your answers to the court. Stay calm and do not argue with the court, the lawyer or the prosecutor. It is also possible that the court may want to question you. Speak clearly and audibly throughout. If the accused pleads guilty the court may pronounce judgment without hearing any evidence. The public prosecutor will inform you if you don't hove to testify.

You needn't be scared of testifying. You can be protected against intimidation.

If you fear intimidation or are at any time threatened, you must report it to the public prosecutor or the investigating police officer. In court the presiding officer will ensure that you are not intimidated or questioned unreasonably.

If your testimony takes a long time and you become tired or indisposed, you have to inform the court.

If you are a minor you may be assisted in court by a parent or guardian or another adult.

You are entitled to payment of a prescribed fee in certain instances. This is not compensation for your testimony. It is intended to limit the witness's expenses due to court attendance and, in certain instances, loss of income.

If you believe that you qualify for such a payment, the public prosecutor must certify that you attended court, whereafter you have to report to the clerk of the court concerned to receive payment.

If you don't know where to go or have any queries, you may approach the witness friend. If the witness friend is not present, you may approach the clerk of the court.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney. Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.