CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 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. 49 Court’s power to exclude evidence under other laws Nothing in this Act shall limit any power a court may have under any other law to exclude or refuse to allow the giving of any evidence, whether by preventing the questioning of a witness or by refusing to allow the production of any thing or otherwise. 50 Court may examine evidence to deter admissibility or existence of privilege (1) For the purpose of determining whether or not any statement, matter or thing is or should be admissible in evidence or privileged from disclosure in terms of this Act, a court shall be entitled, but not obliged— (a) to examine the statement, matter or thing; and (b) to hear evidence or receive information concerning the statement, matter or thing or concerning its admissibility; and may make such order in respect thereof as the court considers appropriate. (2) If it is appropriate in the circumstances to do so, a court may conduct any examination or hear any evidence in terms of subsection (1) in private and may take such other steps as the court considers necessary to limit publication of the proceedings or disclosure of the statement, matter or thing concerned, whether in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] or otherwise. — 26 —