Any witness called to testify must have "competence" to testify. This simply means that they are legally permitted to give evidence. ... The compellability of a witness refers to the power to force a competent witness to testify even if it's against their will.

What is competence and Compellability of witnesses?

A distinguishing mark runs through this definition in that whereas competence refers to the general ability of an individual to testify, compellability connotes an obligation to testify enforceable by law.It is vital to say that though a Page 2 competent witness may not be compelled to testify subject to the exceptions ...

What is competence of witness?

A competent witness is one who has the sufficient mental capacity to perceive, remember, and narrate the incident he or she has observed. A competent witness must also be able to understand and appreciate the nature and obligation of an oath. ... A witness is generally presumed by the court to be competent.