BULYANHULU GOLD MINES LIMITED VS. KENETH ROBERT FOURIE. CIVIL APPEAL NO. 105 OF 2021

Abstract

HELD The court was on the view that it is appropriate, to lay ground as for this Court's position generally, on issues of taking evidence from witnesses in all courts. Before taking evidence from a witness in a court of law, it is mandatory for a judicial officer presiding over the proceedings to administer oath to a witness before the latter can adduce his or her evidence. "It is now clear that the law makes it mandatory for the witnesses giving evidence in court to do so under oath. It follows therefore that the omission by the witnesses to take oath before giving evidence in this case is fatal and it vitiates the proceedings." this appeal is allowed based on the first ground of appeal