(a) the court may order the financial institution concerned, if it is not a foreign financial institution, to permit the party, on not less than three days’ notice, to inspect and take copies of any financial document or entry in its books of account; (b) where the financial institution concerned is a foreign financial institution, the court may issue a commission in accordance with rules of court for evidence to be taken as to the correctness of any financial document, entry or copy thereof which is sought to be adduced in evidence. 42 Financial institutions not compelled to produce books or financial documents Unless in special circumstances a court orders the contrary, a financial institution shall not be compelled to produce the originals of its books of account or of any financial document. 43 Part VIII not applicable where financial institution is a party This Part shall not apply to any civil proceedings to which the financial institution whose books of account or financial documents may be required in evidence is a party. 44 Computerised financial documents and entries in books of account Where a financial document or an entry in a book of account of a financial institution has been produced by a computer, the requirements of both section thirteen and this Part shall apply to the admissibility of that document or entry. PART IX OATHS AND AFFIRMATIONS 45 Oaths and affirmations (1) Except as otherwise provided in this Act, it shall not be lawful to receive evidence from any person except upon oath or affirmation. (2) The oath to be administered to a person 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. (3) If a person who is or may be required to take an oath objects to doing so, he may make an affirmation in terms of section 41 of the Interpretation Act [Chapter 1:01]. 46 Unsworn evidence (1) If a court considers that a person required to give evidence does not understand the nature or recognize the religious obligation of an oath, whether because of his age or lack of education or for some other reason, the court may permit him to give evidence without being sworn if, before he gives evidence, the court— (a) admonishes him to speak the truth, the whole truth and nothing but the truth; and (b) administers or causes to be administered to him any form of admonition which seems likely to impress him and bind his conscience and which is not inhuman, immoral or irreligious and obviously unfit to be administered. (2) Any person to whom an admonition has been administered in terms of subsection (1) and who in evidence thereafter intentionally states anything which, if he had been sworn, would have amounted to perjury shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Subsection amended by Act 22/2001] 47 Administration of oath, affirmation or admonition The person presiding over the court or the senior person presiding, as the case may be, shall personally, or through a person designated by him for that purpose, administer an oath, affirmation or admonition to any witness who is required to give oral evidence in the civil proceedings concerned. PART X GENERAL 48 Court’s power to exclude certain evidence (1) Notwithstanding anything in this Act but subject to subsection (2), a court may exclude or refuse to allow the giving of any evidence which— (a) has been obtained illegally or improperly; or (b) is likely to cause confusion or an undue waste of time; or (c) is likely to cause undue prejudice to a party to the proceedings. (2) In deciding whether or not to exclude or refuse to allow the giving of any evidence in terms of subsection (1), the court shall have regard to— (a) the nature and extent of the illegality, impropriety, confusion, waste of time or prejudice, as the case may be; and (b) the probative value of the evidence; and (c) the interests of justice as between the parties; and (d) the general public interest.