ABSTRACT

Competence has as its subject matter the persons permitted by law to give evidence. Compellability has as its subject matter the persons who may be compelled by law to give evidence. The basic rule is that all persons are competent and compellable to give evidence (Ex p Fernandez (1861)). Note also that the spouses of parties to civil actions are compellable on behalf of any party to the action (s 1 of the Evidence Amendment Act 1853). There are special rules for four types of witnesses.