Western Cape NPA spokesperson Eric Ntabazalila, said DPP advocate Nicolette Bell carefully considered representations, docket content and various reports before submitting her decision, confirmed to the Moorreesburg Magistrate’s Court prosecutor, not to institute prosecution against the local pastor.All three dockets relate to two minor children who were three and four years old at the time the alleged incidents occurred.
He said further investigation into the matter was requested and members of the South African Police Service were asked to complete the investigation. “In order for a child witness to testify in court, a competency test is often used to determine if they have an age-appropriate understanding of truth and lies, particularly, for the purposes of their evidence in court. This is a prerequisite for the oath, affirmation and an admonition in terms of Section 164 of the Criminal Procedure Act 51 of 1977,” he said.
It was found by the clinical psychologist that the complainants were unable to take the oath or be admonished to tell the truth as stated in the act and therefore were not competent to testify.
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