NGCOBO J
is that the judicial officer may be left with the impression that the child does not
understand what it means to speak the truth and then disqualify the child from giving
evidence. Yet with skilful questioning, that child may be able to convey in his or her
own child language, to the presiding officer that he or she understands what it means
to speak the truth. What the section requires is not the knowledge of abstract concepts
of truth and falsehood. What the proviso requires is that the child will speak the truth.
As the High Court observed, the child may not know the intellectual concepts of truth
or falsehood, but will understand what it means to be required to relate what happened
and nothing else.
[166] The reason for evidence to be given under oath or affirmation or for a person to
be admonished to speak the truth is to ensure that the evidence given is reliable.
Knowledge that a child knows and understands what it means to tell the truth gives the
assurance that the evidence can be relied upon. It is in fact a pre-condition for
admonishing a child to tell the truth that the child can comprehend what it means to
tell the truth.124 The evidence of a child who does not understand what it means to tell
the truth is not reliable. It would undermine the accused’s right to a fair trial were
such evidence to be admitted. To my mind, it does not amount to a violation of
section 28(2) to exclude the evidence of such a child. The risk of a conviction based
on unreliable evidence is too great to permit a child who does not understand what it
means to speak the truth to testify. This would indeed have serious consequences for
the administration of justice.
124
Above n 122 at 654B-I.
84
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