Taking oath not under religion

I have a thirty-year old son who is neither catholic and never been baptized, nor a Muslim, but he believes in God. I am wondering what would happen if he had to take oath in Court.

AK, Mwanza

Under Tanzanian law, your son’s position would not prevent him from giving evidence in Court. The governing law is the Oaths and Statutory Declarations Act, Cap. 34 (the Act). The Act gives every Court authority to administer either an oath or an affirmation to a person lawfully giving evidence. More importantly, it recognises that not every witness is a Christian or follows a conventional religious faith. It provides for a person who professes a faith other than Christianity, or who objects to being sworn on specified religious grounds, to make a solemn affirmation, which has the same legal effect as an oath.

In your son’s particular circumstances, the important question would, therefore, not be whether he has been baptised or formally belongs to the Catholic Church, Islam or another organised religion. Under paragraph 4 of Part I of the First Schedule to the Oaths and Affirmations Rules, a witness solemnly affirms that what he will state will be “the truth, the whole truth and nothing but the truth.”

Significantly, this form does not require him to deny his belief in God; nor does it require him to pretend that he belongs to a particular religion. Practically, therefore, if your son were called as a witness, he should simply tell the court truthfully that he believes in God but does not profess Christianity, Islam or Hinduism and wishes to affirm rather than take a Christian or Muslim oath. The Court officer should then administer the appropriate affirmation.

Accordingly, there is no need for your son to become baptised, identify himself as Catholic, Muslim or otherwise adopt a religion merely so that he can testify in a Tanzanian Court. His evidence does not acquire greater legal value simply because it is given on a Bible or under a particular religious formula. What matters is that the appropriate oath or solemn affirmation is properly administered and that he understands his obligation to tell the truth.