s 123 Judges and Magistrates
123. No Judge and, except upon the special order of the General Division of the High Court, no Magistrate may be compelled to answer any question as to his or her own conduct in court as such Judge or Magistrate or as to anything which came to his or her knowledge in court as such Judge or Magistrate; but he or she may be examined as to other matters which occurred in his or her presence while he or she was so acting.Illustrations (a) A, on A’s trial before the General Division of the High Court, says that a deposition was improperly taken by B, the committing Magistrate. B cannot be compelled to answer questions as to this except upon the special order of the General Division of the High Court. (b) A is accused before a District Court of having given false evidence before B, a District Judge. B cannot be compelled to say what A said except upon the special order of the General Division of the High Court. (c) A is accused of attempting to murder a police officer while on A’s trial before B, a Judge sitting in the General Division of the High Court. B may be examined as to what occurred. [40/2019]