R v CLIMAS
[1999] SASC 457
At a glance
Source factsCourt
Supreme Court of SA
Decision date
1999-10-28
Source
Original judgment source is linked above.
Judgment (7 paragraphs)
For the reasons I have given the answer to this question must be no.
The inquiry is into the witnesses understanding of the obligation to be truthful not into the witnesses' religious beliefs.
8. If it is determined that the witness does not have the capacity to take the oath, is the witness then to be allowed to make an affirmation, and to affirm if it is determined that the witness has the capacity to affirm?