(1) If at a hearing or trial it is proved that the accused has absconded and that there is no immediate prospect of arresting him or her the magistrate or judge shall, in the absence of the accused, examine the witnesses, if any, produced on behalf of the prosecution and record their depositions.
(2) On the arrest of the accused, any such deposition may be given in evidence against him or her at the hearing into or trial of the offence with which he or she is charged, if it is proved to the satisfaction of the magistrate or judge—
(a) that the deponent is dead, or too ill to attend, or after diligent search he or she cannot be found; or
(b) that from any other cause he or she is incapable of giving evidence or is kept away from the trial by the contrivance of the accused,
and that the deposition is signed by the magistrate by or before whom the deposition is purported to be taken.
(Amended by Act 11 of 2008)