Oath and affirmation
87.—(1)  Subject to subsection (2), an oath or affirmation in the prescribed form must be administered by the convening authority, or by any person appointed by the convening authority for this purpose, to each member of the general courts martial panel before the member assumes his or her office in a general court martial.
[17/2004]
(2)  A Supreme Court Judge acting as president of a panel court martial is to take, in the presence of the Chief Justice, the oath or affirmation of allegiance in the prescribed form before he or she assumes his or her office in the panel court martial.
[17/2004; 40/2019]
(3)  In the case of a field general court martial, an oath or affirmation must be administered —
(a)by the president to every other member; and
(b)to the president by any member already sworn,
in the presence of the accused, after the court has assembled but before the accused is arraigned.
[17/2004]
(4)  An oath or affirmation in the prescribed form must be administered by the president of a subordinate military court to any judge advocate officiating in a trial before the court in the presence of the accused, after the court has assembled but before the accused is arraigned.
[17/2004]
(5)  An oath or an affirmation in the prescribed form must be administered by the president of a subordinate military court to every shorthand writer or interpreter (if any) in attendance at the trial.
(6)  Every witness before a subordinate military court must be examined on oath or affirmation, which the president of the court must administer in the prescribed form.
(7)  To avoid doubt, where an oath or affirmation is required to be taken or administered under subsection (1) or (2), a person may take the oath or make the affirmation by appearing before the person administering the oath or affirmation through a live video link or live television link created using a remote communication technology that allows the person administering the oath or affirmation to —
(a)maintain visual contact and communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and
(b)confirm the identity of the person taking the oath or making the affirmation, and any interpreter present.
[Act 25 of 2023 wef 01/12/2023]
(8)  Where an oath or affirmation is required to be administered under subsection (3), (4) or (5), any requirement in any of those subsections for the person taking the oath or making the affirmation to appear before the person administering the oath or affirmation is deemed satisfied if —
(a)the person taking the oath or making the affirmation, and the person administering the oath or affirmation, do so in accordance with any requirements that may be prescribed through any electronic means of communication created by remote communication technology as set out in the Second Schedule; and
(b)the electronic means of communication allows the person administering the oath or affirmation to —
(i)communicate with the person taking the oath or making the affirmation, and any interpreter present, throughout the process; and
(ii)confirm the identity of the person taking the oath or making the affirmation, and any interpreter present.
[Act 25 of 2023 wef 01/12/2023]