South African Law of Evidence
EVIDENCE
We must develop the ability to apply principles of cases also to other parts of the work
The case of S v Nel (mother doing washing and dagga was sold to the accused) deals with a trap and secondly with the relevance of evidence because they wanted to call the mother of the accused to testify.
If you know the case, the case can be used as authority for other sections of the work as well – should not be restricted only to the specific section of the work.
Also the case of Holtzhausen v Roodt which deals with relevance and admissibility can be used later dealing with expert and opinion evidence.
Question – Discuss character evidence with reference to the case of S v Pietersen.
(7 or 8 marks)
Similar fact evidence – lecturer fond of this topic
THE LAW OF EVIDENCE AS PART OF ADJECTIVE AND
PROCEDURAL LAW
Certain procedural rights and duties stem from the law of evidence for eg the right to cross-examine.
Eg: motor vehicle accident and A sues B for damages – the plaintiff must prove negligence on the part of the defendant.
The court will then order the defendant to pay the plaintiff say R50 000,00 for damages.
This is a delictual claim – substantive law
How do we give effect to substantive law? Through the law of evidence by calling witnesses (oral evidence) and documentary evidence.
The law of evidence is required to give effect to substantive law.
Criminal law will deal with what is a crime, what are the requirements for murder, rape etc, evidence is required to give effect to substantive law.
Also with contract law in the case of a dispute in a contract, you will make use of evidence
The right peculiar to the evidence is the right to cross-examine.
The law of evidence regulates the proof of facts within the process of litigation and adjudication.
The law of evidence have to be distinguished from substantive law which regulates the rights, duties and liabilities of the litigants eg contract law
THE SCOPE AND FUNCTIONS OF THE
We must develop the ability to apply principles of cases also to other parts of the work
The case of S v Nel (mother doing washing and dagga was sold to the accused) deals with a trap and secondly with the relevance of evidence because they wanted to call the mother of the accused to testify.
If you know the case, the case can be used as authority for other sections of the work as well – should not be restricted only to the specific section of the work.
Also the case of Holtzhausen v Roodt which deals with relevance and admissibility can be used later dealing with expert and opinion evidence.
Question – Discuss character evidence with reference to the case of S v Pietersen.
(7 or 8 marks)
Similar fact evidence – lecturer fond of this topic
THE LAW OF EVIDENCE AS PART OF ADJECTIVE AND
PROCEDURAL LAW
Certain procedural rights and duties stem from the law of evidence for eg the right to cross-examine.
Eg: motor vehicle accident and A sues B for damages – the plaintiff must prove negligence on the part of the defendant.
The court will then order the defendant to pay the plaintiff say R50 000,00 for damages.
This is a delictual claim – substantive law
How do we give effect to substantive law? Through the law of evidence by calling witnesses (oral evidence) and documentary evidence.
The law of evidence is required to give effect to substantive law.
Criminal law will deal with what is a crime, what are the requirements for murder, rape etc, evidence is required to give effect to substantive law.
Also with contract law in the case of a dispute in a contract, you will make use of evidence
The right peculiar to the evidence is the right to cross-examine.
The law of evidence regulates the proof of facts within the process of litigation and adjudication.
The law of evidence have to be distinguished from substantive law which regulates the rights, duties and liabilities of the litigants eg contract law
THE SCOPE AND FUNCTIONS OF THE