{UAH} can an affidavit make a witness into an applicant of the case???

An affidavit is a written statement from an individual which is sworn to be true – it is essentially an oath that what they are saying is the truth. An affidavit will be used along with witness statements to prove the truthfulness of a certain statement in court.

An affidavit can only properly be accepted as evidence where the court can be satisfied that the person swearing it has "means of knowledge" of the facts set out in the affidavit. Where a solicitor has direct personal knowledge of all of the facts set out, he or she can safely swear an affidavit on a client's behalf. If the solicitor does not, asking the solicitor to swear is extremely unwise.

Evidence in an affidavit of a statement made by a person other than the deponent may offend the rule against hearsay, if the intention is that the third party's statement would itself be accepted as true (but not where the purpose of including the third party's statement is merely to show that it was made). However, the rule against hearsay is relaxed somewhat in interlocutory (pre-trial) applications, where the deponent may include statements of his belief of matters outside his or her personal knowledge provided that the grounds for such belief are identified

An affidavit cannot turn a witness into an applicant. Any individual can offer an affidavit as long as they have the mental capacity to understand the seriousness of the oath.

The contents of an affidavit reflect the personal knowledge of the individual making the statement. This means that someone cannot be penalised for failing to include information which they were not aware of.

This personal knowledge can include personal opinion rather than fact; however, it must be stated that this is opinion not fact.

WAS JUDGE SEKANA RIGHT TO TURN KIBALAMA INTO AN APPLICANT OF THE NUP CASE?

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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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