SECURITY & JUSTICE NCOP: PROPOSED AMENDMENTS 09/09/98
DRAFT AMENDMENT TO THE MAGISTRATES' COURTS AMENDMENT BILL (B33B-98) BY THE SELECT COMMITTEE ON SECURITY AND JUSTICE (NOTE: THESE AMENDMENTS WERE WITHDRAWN)

NEW CLAUSE
That the following be a new clause to follow Clause 3:
Insertion of section 109A in Act 32 of 1944

4. The following section is hereby inserted into the principal Act:

"Failure by assessor to attend Proceedings
109A. (1) Any person who has been summoned in terms o{ section 93ter to assist a judicial officer at proceedings contemplated in that section, who wilfully fails to attend such proceedings until his or her services as an assessor is no longer required, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years.

(2) (a) The court who has convicted a person of the offence referred to in subsection (1) may, on the application by the prosecutor, order the person to compensate any party or person for any expenditure or loss incurred as a result of the failure by the person so convicted to attend the proceedings concerned, in the manner that the court deems fit.

(b) An order referred to in paragraph (a) shall have the effect of a civil judgment of a magistrate's court.".