oa De Rebus - Bad practice continues : who must administer an oath in criminal proceedings? : practice note



Despite the provisions of s 162(1) of the Criminal Procedure Act 51 of 1977 (the CPA), supported by precedents of decided cases, the practice of allowing court interpreters to administer the oath in criminal proceeding still continues, especially in remote areas. This often occurs when the presiding judicial officer is not familiar with the language that is commonly used at that particular district where he or she presides, thereby allowing witnesses to be sworn in by interpreters.


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