Children under 12 may give sworn evidence
106B Children under 12 may give sworn evidence
A child who is under the age of 12 years may in any proceeding, if the child is competent under subsection (3), give evidence on oath or after making an affirmation.
Irrespective of the person’s age, a person with a mental impairment may in any proceeding, if the person is competent under subsection (3), give evidence on oath or after making an affirmation.
A person referred to in subsection (1) or (2) is competent to take an oath or make an affirmation if in the opinion of the court or person acting judicially the person understands that —
the giving of evidence is a serious matter; and
he or she in giving evidence has an obligation to tell the truth.
[Section 106B inserted: No. 36 of 1992 s. 8; amended: No. 46 of 2004 s. 15; No. 24 of 2005 s. 52; No. 2 of 2008 s. 45.]
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