5
or herself that the child can distinguish between truth and untruth. The court can also
hear evidence as to the competence of the child to testify. Such evidence assists the
court in deciding (a) whether the evidence of the child is to be admitted, and (b) the
weight (value) to be attached to that evidence. The maturity and understanding of the
particular child must be considered by the presiding judicial officer, who must determine
whether the child has sufficient intelligence to testify and a proper appreciation of the
duty to speak the truth. The court may not merely accept assurances of competency
from counsel.4 The language used in all three sections is peremptory.
[6]
The following exchange is recorded between the magistrate and P when the
latter entered the witness stand:
‘COURT: P, please state your full names, your date of birth if you know, your age and the grade
that you are presently in.
INTERMEDIARY: What are your full names, sir?
WITNESS: P.
INTERMEDIARY: You have to speak aloud.
WITNESS: P.
INTERMEDIARY: And what age are you? How old are you?
WITNESS: 14.
INTERMEDIARY: Your date of birth? When you were born?
WITNESS: 1994
INTERMEDIARY: The date.
WITNESS: 1994, 7th month, 18
4
Alfred V. Lansdown & Jean Campbell South African Criminal Law and Procedure, note 3 above at
p 740.