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.

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