applies to the High Court to be a Notary Public and is appointed as such by the High Court). And not just a Commissioner for Oaths. E.g. SWORN/AFFIRMED by PETER BWALYA At Pretoria this 6th day of June 2006 Before me:__________________ Notary Public A notary public has a “seal” and the affidavit is sealed with this seal. Sub rule 21 - Objections to Evidence If it becomes necessary that some evidence should not be allowed to go on record, if you are the objecting party, you must make your objection as soon as you realize that the witness is giving testimony that you feel should not be admitted. You must rise and make your objection and must state the reason for your objection. You should not wait for the witness to give his testimony and then object. Before the court gives its ruling on the objection, it will accord the other party the chance to respond to the objection and it must also give reasons if it thinks that the evidence should be admitted. The court will then make a ruling sustaining or rejecting the evidence. As the court is a court of record, the ruling should not just be oral but must be written down in the record and may be the subject of an appeal in the High Court. If you fail to raise an objection and the evidence goes on record, it is still possible to challenge the evidence on appeal. This is done by indicating in your grounds of appeal why evidence should not have been admitted. Besides oral evidence, you can object to any document that the other side wishes to tender as evidence. Reasons for objecting to documentary evidence: if it is a copy. Documents should be original. If the original is not available e.g. lost, destroyed etc. the party relying on the copy should tender an explanation as to why they are not in a position to produce the original. If not done, the court on its own motion or the other party may remind counsel that photocopies are not admissible. Manner of Taking Evidence
applies to the High Court to be a Notary Public and is appointed as such by the High Court). And not just a Commissioner for Oaths. E.g. SWORN/AFFIRMED by PETER BWALYA At Pretoria this 6th day of June 2006 Before me:__________________ Notary Public A notary public has a “seal” and the affidavit is sealed with this seal. Sub rule 21 - Objections to Evidence If it becomes necessary that some evidence should not be allowed to go on record, if you are the objecting party, you must make your objection as soon as you realize that the witness is giving testimony that you feel should not be admitted. You must rise and make your objection and must state the reason for your objection. You should not wait for the witness to give his testimony and then object. Before the court gives its ruling on the objection, it will accord the other party the chance to respond to the objection and it must also give reasons if it thinks that the evidence should be admitted. The court will then make a ruling sustaining or rejecting the evidence. As the court is a court of record, the ruling should not just be oral but must be written down in the record and may be the subject of an appeal in the High Court. If you fail to raise an objection and the evidence goes on record, it is still possible to challenge the evidence on appeal. This is done by indicating in your grounds of appeal why evidence should not have been admitted. Besides oral evidence, you can object to any document that the other side wishes to tender as evidence. Reasons for objecting to documentary evidence: if it is a copy. Documents should be original. If the original is not available e.g. lost, destroyed etc. the party relying on the copy should tender an explanation as to why they are not in a position to produce the original. If not done, the court on its own motion or the other party may remind counsel that photocopies are not admissible. Manner of Taking Evidence