If you’ve received a subpoena, it means that the State of South Africa is trying to prosecute you for a crime. The subpoena has been issued by a court and should be served on the accused person. Other parties can also issue a subpoena such as an attorney or any government department.
What is a subpoena in South Africa?
A subpoena is a writ issued by a government agency, most often a court. It compels testimony by a witness or the production of evidence under threat of penalty for failure to comply with its terms.
For example, if you were called to testify in court on behalf of the prosecution but refused to do so without being served with a subpoena first, your failure to appear would cause criminal charges against you (and possibly jail time). If you were subpoenaed and didn’t produce documents requested by the prosecution that applied to your testimony and had been ordered by the judge as part of their investigation into whether someone was guilty of committing crimes such as fraud or murder—you could be found guilty of contempt of court and locked until they decided otherwise.
Who can issue a subpoena in South Africa?
A subpoena can be issued by any of the following:
- Court
- Police
- Public prosecutor
- Counsel for the accused, who is called a “defence attorney” in South Africa. This is a lawyer acting on behalf of someone charged with an offence, and they represent them in court proceedings. The defence attorney can also apply for a subpoena on behalf of their client.
Another “counsel” (or lawyer), who acts as an official legal representative for those bringing charges against you or others involved in your case will usually represent the prosecution. They may also issue subpoenas on behalf of their clients if needed.
What are the effects of a subpoena in South Africa?
A subpoena is a legal document issued to you by the court, which requires you to appear in court at a certain time and place. If you are subpoenaed, it means that you have been ordered to appear in court on behalf of someone else.
If you do not comply with the terms of your subpoena, this can cause various penalties to apply to you by default. The first penalty that may be applied is a fine for contempt of court; however, if this does not change your behaviour then it could lead to imprisonment or even extra charges being brought against you for breaching orders given by the court.
What powers does the court have when enforcing a subpoena in South Africa?
- A court may issue a warrant of arrest
- A court may issue a warrant of attachment
- A court may issue a warrant of sequestration
- A court may issue a warrant of delivery
- A court may issue a warrant of production
What can you do if you receive a subpoena in South Africa?
If you receive a subpoena, there are several things that you can do.
- You can apply to set aside the subpoena. This means that you want the court to cancel or remove the subpoena from your record.
- You can apply to the court for a postponement or adjournment of the hearing date listed on your subpoena if it has already been served on you and/or issued by a court official (i.e., sheriff). The reason for this will usually be because of personal emergencies, such as illness or bereavement; however, other reasons may apply too (such as having received legal advice). In South Africa – unlike in some countries – there is no automatic right not only to be heard prior to but also after being served with any form of a legal document such as a summons or subpoena; however, this doesn’t mean you won’t ever get one!
A criminal subpoena is issued by the State and must be served on the accused person. The subpoena must be in writing and served personally on the accused person or his legal representative.
If a subpoena is not served personally, it may be served by registered post to their known address.
Conclusion
The subpoena is a powerful document that can be used for good or bad. It’s important to know what your rights are if they issue you with one, and if necessary, how to fight it. You may also want to seek legal advice on how best to serve the subpoena and enforce it if necessary.
