The Propriety of Administration of Oaths and Affirmations by Prosecutors in the Magistrates Courts in Zimbabwe

Abstract

This article was mainly inspired by rather an anomalous but rampant practice by the magistrates in Zimbabwe of requiring prosecutors appearing before them to swear in witnesses. This practice is common at the Rotten Row and Tredgold magistrates courts. The position taken in this paper is that the prosecutor is unsuitable to administer oaths to witnesses appearing in his court simply because he has an interest in the outcome of the case. Swearing in of witnesses before leading evidence is part and parcel of the criminal justice system of many civilised countries including Zimbabwe.