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  • • Enter citations: 45, 45(3)(a), 45:3:a
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Section 147: Court controls when witness must answer irrelevant questions

147.Court to decide when questions shall be asked and when witness compelled to answer

(1)If any such question relates to a matter not relevant to the suit or proceeding, except insofar as it affects the credit of the witness by injuring his or her character, the court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he or she is not obliged to answer it.

(2)In exercising its discretion, the court shall have regard to the following considerations—

(a)such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he or she testifies;

(b)such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the court as to the credibility of the witness on the matter to which he or she testifies;

(c)such questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his or her evidence;

(d)the court may, if it sees fit, draw, from the witness's refusal to answer, the inference that the answer if given would be unfavourable.

Plain English Summary

The court has the power to decide whether a witness must answer a question that is not relevant to the case but could damage their character. If the q...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within THE EVIDENCE ACT. Faster results.