LEV3701 ASSIGNMENT 01 SOLUTIONS 2022
Whether a witness is able to testify depends on their competence as well as compellability:
Competence has to do with whether a particular person has the mental capacity to testify. As a
general rule, all persons are considered to be competent to testify. The reason for this is that it is
in the interests of justice that anyone who may have something to contribute to the resolution of
a dispute, should do so. There are, however, instances where a person will be incompetent to
testify, for instance, a mentally disabled person. The question of compellability does not even
arise where the witness is not competent to testify.
On the other hand, those who are competent to testify may be compelled or forced to do so.
Again, subject to certain exceptions, all persons can be compelled to testify.
Whether a witness is able to testify depends on their competence as well as compellability:
Competence has to do with whether a particular person has the mental capacity to testify. As a
general rule, all persons are considered to be competent to testify. The reason for this is that it is
in the interests of justice that anyone who may have something to contribute to the resolution of
a dispute, should do so. There are, however, instances where a person will be incompetent to
testify, for instance, a mentally disabled person. The question of compellability does not even
arise where the witness is not competent to testify.
On the other hand, those who are competent to testify may be compelled or forced to do so.
Again, subject to certain exceptions, all persons can be compelled to testify.
