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s 63

Contempt

In force

63 Contempt

(1)

If a person —

(a)

wilfully insults a District Court judge, any juror, any registrar, the sheriff, clerk or officer of the Court during his sitting or attendance in Court or any District Court judge in going to or returning from the Court; or

(b)

wilfully interrupts proceedings of the Court; or

(c)

having been duly summoned to appear before the Court and having been paid or tendered a reasonable sum for travelling expenses and subsistence, refuses or neglects without sufficient cause to appear or to produce any books, deeds, papers or writings required by a summons to be produced; or

(d)

being summoned or examined as a witness in any cause or matter or being present in the Court and required to give evidence, refuses to be sworn or answer any lawful questions; or

(e)

is, in the opinion of the District Court judge before whom the person is appearing as a witness, guilty of wilful prevarication; or

(f)

misbehaves in the Court,

the District Court judge concerned or, where any of the above acts or omissions are committed before or in respect of a registrar, or in respect of the sheriff, a clerk or officer of the Court, the Chief Judge may direct the apprehension of the person and if he thinks fit may by warrant under his hand and sealed with the seal of the Court commit the person to imprisonment for a term not exceeding 5 years, or may impose on the person a fine not exceeding $50 000, or may so commit the person and impose such a fine, or in default of immediate payment of the fine imposed may commit the person to imprisonment —

(a)

until the fine is paid; or

(b)

for a term not exceeding 5 years,

whichever may be the shorter period.

(2)

A fine or commitment under this section does not exempt a person from obeying any summons to appear before the Court or to produce therein any books, deeds, papers or writings.

[Section 63 amended: No. 71 of 1986 s. 4; No. 53 of 1992 s. 13; No. 59 of 2004 s. 85.]

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