CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 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 8. 8 Penalty substituted by s. 4 of Act 22/2001. Previous penalty expressed as follows: "shall be deemed to have committed perjury and shall be liable to the punishment that is provided by law for perjury". — 25 —