32Affidavits by illiterate or blind persons

32 Affidavits by illiterate or blind persons

(1)  If a person making an affidavit appears to the person before whom an affidavit is taken to be illiterate, blind or physically incapable of signing it, the person before whom the affidavit is taken is to certify in or below the jurat that –

(a) the affidavit was read, or otherwise communicated, to the person making the affidavit in the presence of the person before whom the affidavit was taken; and

(b) the person making the affidavit seemed to understand the affidavit fully; and

(c) the person making the affidavit made his or her mark, or signature, on the affidavit in the presence of the person before whom the affidavit was taken.

(2)  An affidavit of a person who is illiterate, blind or physically incapable of signing it is not to be used in evidence unless –

(a) there is a certificate in accordance with subrule (1) ; or

(b) the Court is otherwise satisfied of the matters referred to in that subrule.