South Africa
Civil Proceedings Evidence Act, 1965
Act 25 of 1965
- Published in Government Gazette 1066 on 24 March 1965
- Assented to on 15 March 1965
- Commenced on 30 June 1967 by Civil Proceedings Evidence Act, 1965: Commencement
- [This is the version of this document from 1 April 1997.]
- [Amended by Criminal Procedure Act, 1977 (Act 51 of 1977) on 22 July 1977]
- [Amended by Transfer of Powers and Duties of the State President Act, 1986 (Act 97 of 1986) on 3 October 1986]
- [Amended by Law of Evidence Amendment Act, 1988 (Act 45 of 1988) on 3 October 1988]
- [Amended by General Law Amendment Act, 1996 (Act 49 of 1996) on 4 October 1996]
- [Amended by Justice Laws Rationalisation Act, 1996 (Act 18 of 1996) on 1 April 1997]
1. Definitions
In this Act, unless the context otherwise indicates—"Minister" means the Minister of Justice;"Republic" [definition of "Republic" deleted by section 1 of Act 49 of 1996]Part I – Admissibility of evidence
2. Evidence as to irrelevant matters
No evidence as to any fact, matter or thing which is irrelevant or immaterial and cannot conduce to prove or disprove any point or fact in issue shall be admissible.3. Evidence of non-access by husband and wife
For the purposes of rebutting the presumption that a child to which a married woman has given birth is the offspring of her husband, she or her husband or both of them may give evidence that they had no sexual intercourse with each other during the period when the child was conceived.4. Evidence of genuineness of disputed writings
Comparison of a disputed writing with any writing proved to be genuine may be made by witnesses, and such writings and the evidence of any witness with respect thereto may be submitted as evidence of the genuineness or otherwise of the writing in dispute.5. Proof of law or anything published in official publications
6. Proof of signature of public officer
Any document purporting to bear the signature of any person holding a public office and bearing a seal or stamp which purports to be the seal or stamp of the department, office or institution to which such person is attached, shall, on its mere production, be prima facie proof that such person signed such document.7. Proof by party calling witness, of previous inconsistent statement of such witness
Any party who has called a witness who has given evidence in any civil proceedings (whether, that witness is or is not, in the opinion of the person presiding at such proceedings, adverse to the party calling him) may, after the said party or the person so presiding has asked the witness whether he has or has not previously made a statement with which his evidence in the said proceedings is inconsistent, and after sufficient particulars of the alleged previous statement to designate the occasion when it was made, have been mentioned to the witness, prove that he previously made a statement with which his said evidence is inconsistent.Part II – Competency of witnesses
8. Save as otherwise provided, every person competent and compellable to give evidence
Save in so far as this Act or any other law otherwise provides, every person shall be competent and compellable to give evidence in any civil proceedings.9. Incompetency from insanity or intoxication
No person appearing or proved to be afflicted with idiocy, lunacy or insanity, or to be labouring under any imbecility of mind arising from intoxication or otherwise, whereby he is deprived of the proper use of reason, shall be competent to give evidence while so afflicted or disabled.10. Husband and wife not compellable to disclose communications between them
10A. Status of certain marriages
Any customary marriage or customary union, concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law, shall be regarded as a valid marriage for the purposes of the law of evidence.[section 10A inserted by section 4 of Act 18 of 1996]11. ***
[section 11 repealed by section 5 of Act 45 of 1988]12. No witness compellable to testify if husband or wife not compellable
No person shall be compelled to answer any question or to give any evidence which the husband or wife of such person, if under examination as a witness, could not be compelled to answer or give.13. When evidence of communication alleging commission of an offence is admissible
Notwithstanding anything contained in any legal provisions in terms of which a witness shall not be compellable or permitted to give evidence in respect of certain matters on grounds of public policy or from regard to public interest, it shall be competent for any person in any civil proceedings to adduce evidence of any communication alleging the commission of an offence, if the making of that communication prima facie constitutes an offence, and it shall be competent for the person presiding at such proceedings to determine whether the making of such communication prima facie does or does not constitute an offence, and such determination shall, for the purposes of those proceedings, be final.14. Witness not excused from answering question by reason that the answer would establish a civil claim against him
A witness may not refuse to answer a question relevant to the issue, the answering of which has no tendency to incriminate himself, or to expose him to penalty or forfeiture of any nature whatsoever, by reason only or on the sole ground that the answering of such question may establish or tend to establish that he owes a debt or is otherwise subject to a civil suit.Part III – Sufficiency of evidence
15. Admissions on record
It shall not be necessary for any party in any civil proceedings to prove nor shall it be competent for any such party to disprove any fact admitted on the record of such proceedings.16. Sufficiency of evidence of one witness
Judgment may be given in any civil proceedings on the evidence of any single competent and credible witness.Part IV – Documentary evidence (General provisions)
17. Proof of trial and conviction or acquittal of any person
The trial and conviction or acquittal of any person may be proved by the production of a document certified or purporting to be certified by the registrar or clerk of the court or other officer having the custody of the records of the court where such conviction or acquittal took place, or by the deputy of such registrar, clerk or other officer, to be a copy of the record of the charge and of the trial, conviction and judgment or acquittal, as the case may be, omitting the formal parts thereof.18. Certified copies of or extracts from public documents admissible in evidence
19. Production of official documents
20. Certified copies of or extracts from official documents sufficient
21. Penalty for issue of false certificate
Any person who wilfully certifies any document admissible in evidence under this Act, as being a true copy or extract, knowing that it is not a true copy or extract, shall be guilty of an offence and liable upon conviction to imprisonment for a period not exceeding two years.22. Proof of certain facts by affidavit
23. Preserving testimony
24. Depositions of witnesses taken on commission
Nothing in this Act contained shall be construed as rendering inadmissible the depositions of witnesses taken on commission in terms of any law.25. Official reports as evidence in applications for orders presuming death of soldiers
26. Evidence of times of sunrise and sunset
Part V – Documentary evidence (Special provisions as to bankers’ books)
27. Definition of "bank"
In this Part "bank" means a "banking institution" as defined in the Banks Act, 1965, and includes the Land and Agricultural Bank of South Africa, and a building society.[section 27 amended by section 1 of Act 49 of 1996]28. Entries in bankers’ books admissible in certain cases
The entries in ledgers, day-books, cash-books and other account books of any bank, shall be admissible as prima facie evidence of the matters, transactions and accounts therein recorded, on proof being given by affidavit in writing of a director, manager or officer of such bank, or by other evidence, that such ledgers, day-books, cash-books or other account books are or have been the ordinary books of such bank, and that the said entries have been made in the usual and ordinary course of business, and that such books are in or come immediately from the custody or control of such bank.29. Examined copies of entries in bankers' books admissible
Copies of all entries in ledgers, day-books, cashbooks or other account books used by any bank, may be proved as evidence of such entries without production of the originals, by means of the affidavit of a person who has examined the same, stating the fact of the examination and that the copies sought to be put in evidence are correct.30. Notice of intention to adduce evidence relating to entries in bankers' books
31. Bank not compelled to produce books unless ordered to do so
No bank shall be compelled to produce its ledgers, day-books, cash-books or other account books in any civil proceedings unless the person presiding at such proceedings orders that they shall be so produced.32. This Part not to apply to proceedings to which bank is a party
Nothing in this Part contained shall apply to any civil proceedings to which any bank whose ledgers, day-books, cash-books or other account books are required to be produced in evidence, is a party.Part VI – Documentary evidence (Miscellaneous provisions)
33. Definitions
In this Part, unless the context otherwise indicates—"document" includes any book, map, plan, drawing or photograph;"statement" includes any representation of fact, whether made in words or otherwise.34. Admissibility of documentary evidence as to facts in issue
35. Weight to be attached to evidence admissible under this Part
36. Proof of instrument to validity of which attestation is necessary
In any civil proceedings an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive: Provided that nothing in this section contained shall apply to the proof of wills or other testamentary writings.37. Presumptions as to documents twenty years old
There shall in any civil proceedings, in the case of a document proved or purporting to be not less than twenty years old, be made any presumption which on the fifteenth day of March, 1962, would have been made in the case of a document of like character proved or which purported to be not less than thirty years old.38. Savings
Nothing in this Part shall—Part VII – Oaths and affirmations
39. Oaths
40. Affirmations in lieu of oaths
41. When unsworn or unaffirmed testimony admissible
Part VIII – General
42. Cases not otherwise provided for
The law of evidence including the law relating to the competency, compellability, examination and cross-examination of witnesses which was in force in respect of civil proceedings on the thirtieth day of May, 1961, shall apply in any case not provided for by this Act or any other law.43. ***
[section 43 repealed by section 1 of Act 49 of 1996]44. Repeal and amendment of laws
The laws mentioned in the Schedule are hereby repealed or amended to the extent set out in the fourth column thereof.45. Short title and date of commencement
This Act shall be called the Civil Proceedings Evidence Act, 1965, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.History of this document
01 April 1997 this version
Amended by
Justice Laws Rationalisation Act, 1996
04 October 1996
Amended by
General Law Amendment Act, 1996
Read this version
03 October 1988
03 October 1986
22 July 1977
Amended by
Criminal Procedure Act, 1977
Read this version
30 June 1967
Commenced by
Civil Proceedings Evidence Act, 1965: Commencement
24 March 1965
15 March 1965
Assented to
Cited documents 0
Documents citing this one 87
Gazette 13
- Gauteng Provincial Gazette dated 2008-07-04 number 178
- Gauteng Provincial Gazette dated 2015-02-27 number 51
- Gauteng Provincial Gazette dated 2018-06-27 number 175
- South Africa Government Gazette Regulation Gazette dated 1967-06-23 number 1773
- South Africa Government Gazette Regulation Gazette dated 1977-08-05 number 5699
- South Africa Government Gazette Regulation Gazette dated 1977-09-16 number 5740
- South Africa Government Gazette dated 1948-09-17 number 4028
- South Africa Government Gazette dated 1965-04-09 number 1080
- South Africa Government Gazette dated 1971-12-10 number 3328
- South Africa Government Gazette dated 1977-05-06 number 5532
- South Africa Government Gazette dated 1996-10-04 number 17477
- South Africa Government Gazette dated 2014-05-13 number 37638
- South Africa Government Gazette dated 2015-08-28 number 39131
Judgment 73
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