--(1) An application for the issue of a writ of habeas corpus ad subjiciendum may be made without notice but must be supported by evidence on affidavit.
--(2) Such evidence must be given by the person restrained stating how he is restrained.
--(3) However, if the person restrained is not able to make the affidavit it may be made by some person on his behalf and must state why the person restrained is not able to make the affidavit.
--(4) The application must be heard in open court unless it is made on behalf of a minor when it must be heard in chambers.
Notes
Amended by Legal Notice 233 of 2005.
Back to Part (57. Habeas Corpus)