Criminal Procedure and Evidence Act Zimbabwe 248. Evidence of accused and husband or wife on behalf of accused (1) Any accused person, and the wife or husband, as the case may be, of an accused person, shall be a competent witness for the defence at every stage of the proceedings, whether the accused person is charged solely or jointly with any other person: Provided that— (2) (i) an accused person shall not be called as a witness, except upon his own application; (ii) the wife or husband of an accused person shall not be called as a witness for the defence, except upon the application of the accused person. An accused person may elect to give his evidence from, or to be questioned in, the dock or the witness box or other place from which the other witnesses give their evidence or, with the consent of the judge or magistrate, any other place in the court room. D. Oaths and affirmations 249. Oaths (1) It shall not be lawful to examine as a witness any person other than a person described in section two hundred and fifty or two hundred and fifty-one except upon oath. (2) The oath to be administered to any person as a witness shall be administered in the form which most clearly conveys to him the meaning of the oath, and which he considers to be binding on his conscience. 250. Affirmations in lieu of oaths (1) In any case where any person who is or may be required to take an oath objects to do so, it shall be lawful for such person to make an affirmation in the words following:—“I do truly affirm and declare that” (here state the matter to be affirmed or declared). (2) An affirmation or declaration made in terms of subsection (1) shall be of the same effect as if the person making it had taken an oath. (3) Every person authorized, required or qualified by law to take or administer an oath shall accept in lieu thereof an affirmation or declaration made in terms of this section. (4) The same penalties, punishments and disabilities which are respectively in force and are attached to any refusal or false or corrupt taking or subscribing of any oath administered in accordance with section two hundred and forty-nine shall apply and attach in like manner in respect of the refusal or false or corrupt making or subscribing respectively of any such affirmation or declaration as in this section mentioned. 251. When unsworn or unaffirmed testimony admissible Any person produced for the purpose of giving evidence who, from ignorance arising from youth, defective education or other cause, is found not to understand the nature or to recognize the religious obligation of an oath or affirmation may be admitted to give evidence in any court without being sworn or being upon oath or affirmation: Provided that— (i) before any such person proceeds to give evidence, the judge or magistrate before whom he is called as a witness shall admonish him to speak the truth, the whole truth and nothing but the truth, and shall further administer or cause to be administered to him any form of admonition which appears, either from his own statement or from any other source of information, to be calculated to impress By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 98