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Mkiwane v Motapanyane and Others (516/2018) [2024] ZAFSHC 301 (18 September 2024)
High Court ruling admitting hearsay statements and docket material from deceased police officers in a civil claim for unlawful arrest and detention.
Mogapi v Minister of Police (CIV APP FB 02/ 23) [2023] ZANWHC 189 (16 October 2023)
The court found that the trial court failed to properly administer the prescribed oath to the appellant, as the invocation to tell the truth was omitted. The administration of the oath consisted only of questions regarding objection and whether the oath was binding on the conscience, followed by the phrase 'So help me God,' without any explicit requirement to speak the truth. This omission rendered the appellant's evidence inadmissible, as the purpose of the oath—to ensure the witness speaks the truth, the whole truth, and nothing but the truth—was not achieved. Since there was no separation…
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