LEV3701 EXAM PACK

WITNESSES DEFINITIONS: Competence: Whether a particular person has the mental capacity to testify. SECTIONS: Sec 192 of the CPA: Every person not expressly excluded by the Act from giving evidence is competent & compellable, subject to Sec 206. Sec 206: The law, which was in force in respect of criminal proceedings on The 30th of May 1961 with respect to competence & compellability, is applicable in cases not provided for in the Criminal Procedure Act. Sec 8 of the Civil Proceedings Act: Everyone is competent & compellable unless otherwise provided. Sec 194: No person afflicted with mental illness due to intoxication or drugs or the like & who is there by deprived of the proper use of his reason shall be competent while so afflicted. Sec 195: Clearly states that a spouse is competent to give evidence on behalf of the prosecution, but that he can be compelled to testify only in certain circumstances. Sec 196: States that the spouse of an accused is a competent as well as a compellable witness in defence of that accused, whether such accused is jointly charged with somebody else or not. Sec 157(2) of the CPA: Ito this sec, upon separation of trials, the co-accused may the give evidence against 1 another, but it is advisable that the accused, which the state intends, calling on to give evidence, should 1st be sentenced.