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Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Rules

Rules Regulating Matters in respect of Small Claims Courts

7. Oath of witnesses

 

(1)

(a) The oath in terms of section 28 of the Act shall be administered in the following form:

"I swear that the evidence that I shall give shall be the truth, the whole truth and nothing but the truth, so help me God.''.

(b) Any person who is or may be required to take the oath and—
(i) who objects to taking the oath;
(ii) who objects to taking the oath in the prescribed form;
(iii) who does not consider the oath in the prescribed form to be binding on his conscience; or
(iv) who informs the commissioner that he has no religious belief or that the taking of the oath is contrary to his religious belief,

shall make an affirmation in the following words at the direction of the commissioner:

"I solemnly affirm that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth.".

 

(2) Such affirmation shall have the same legal force and effect as if the person making it had taken the oath.

 

(3) The validity of an oath duly taken by a witness shall not be affected if such witness does not on any of the grounds referred to in subsection (1)(b) decline to take the oath.