Witnesses Tariff Rules


Seychelles
Witnesses Tariff Act

Witnesses Tariff Rules

Statutory Instrument 42 of 1961

  • Commenced on 15 September 1952
  • [This is the version of this document at 1 December 2014.]
[Proc 71 of 1969; S.I. 42 of 1961; S.I. 61 of 1969; S.I. 9 of 1980]

1.

These rules may be cited as the Witnesses Tariff Rules.

2.

There expenses and allowances set out in the schedules hereto shall be paid where applicable to witnesses summoned and attend in any Court in Seychelles.

3.

Any female witness not coming under any of the classes listed in Schedules 1 or 2 shall receive the same expenses and allowances as her husband, father or guardian, as the case may be, would have been entitled to receive.

4.

Government servants and teachers employed by the Government and or whose salaries are paid from public funds, shall not receive any allowance for attendance as a witness in a criminal case.

5.

A witness summoned to appear in a court in an island other than that in which he resides, shall be entitled to the appropriate allowance for attendance for each day on which he is necessarily absent from the island in which he resides for the purpose of attending court in answer to the summons.

Schedule 1 (Rule 2)

1.Accountants and Auditors (duly qualified).
2.Attorneys.
3.Bank Managers.
4.Barristers.
5.Commissioned officers of the Armed Forces of the Republic of Seychelles
6.Solicitors.
7.Government servants being Heads of Departments.
8.Managers of Estates and Commercial Finns.
9.Masters of Merchant Ships.
10.Medical Practitioners.
11.Notaries.
12.Teachers and professionals holding a University Degree.
Witnesses coming under the classes listed in this Schedule shall be entitled to
(a)for attendance—
(i)in a civil case R.40 per day or part of a day;
(ii)in a criminal case R.30 per day or part of a day.
(b)for travelling expenses—
Distance to be reckoned by the shortest way to and from the witness's residence or usual place of occupation.R. c
Over I mile up to 5 miles (each way)1 00
Over 5 miles up to 9 miles (each way)1 25
Over 9 miles up to 12 miles (each way)1 50
Over 12 miles up to 15 miles (each way)1 75
Over 15 miles (each way)2 25
When a witness has to travel by sea the travelling expenses for the sea voyage shall be the cost of the passage for the trip each way.
(c)For lodging allowance—A witness summonsed to appear in a court in an island other than that in which he resides, shall be entitled to lodging allowance at the rate of R. 30 for every night that the witness necessarily spends in that other island for the purpose of attending court in answer to the summons.

Schedule 2

All witnesses not coming under the classes listed in Schedule
1.Witnesses coming under this Schedule shall be entitled to—
(a)for attendance—
(i)In a civil case, R. 20 per day or part of a day;
(ii)In a civil case, R. 20 per day or part of a day;
(iii)In a criminal case, R. 15 per day or part of a day;
(b)for travelling expenses—
Distance to be reckoned by the shortest way to and from the witness' residence or usual place of occupationR. c
Over 1 mile up to 5 miles (each way)1 00
Over 5 miles up to 9 miles (each way)1 25
Over 9 miles up to 12 miles (each way)1 50
Over 12 miles up to 15 miles (each way)1 75
Over 15 miles (each way)2 25
When a witness has to travel by sea the travelling expenses for the sea voyage shall be the cost of the passage for the trip each way.
(c)For lodging allowance—A witness summoned to appear in a court in an island other than that in which he resides, shall be entitled to a lodging allowance at the rate of R.15 for every night that the witness necessarily spends in that other island for the purpose of attending court in answer to the summons.
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History of this document

01 December 2014 this version
Consolidation
15 September 1952
Commenced