Mwami Ngura versus The Republic; Criminal Appeal No. 63 of 2014: Court of Appeal of Tanzania at Dodoma (Unreported).
- Evidence
- Voire dire examination- The witness understands the nature of an oath but allowed to give unsworn evidence – Effect.
Held:-
(i) When voire dire examination is conducted and the court is of the view that the witness does not understand the nature of an oath but is of sufficient intelligence and understands the duty of speaking the truth, the court shall allow the child to give evidence without oath or affirmation. If such evidence is taken without oath, then, it is a matter of practice, that, it requires corroboration although the court can act on it if it believes that the witness is truthful.
(ii) When a child of tender age understands the nature of an oath, the witness must take an oath or affirmation. If that is not done, then such testimony amounts to no evidence in law so should be expunged from record.