Zeffert the south african law of evidence pdf

Skeen, leonard hubert hoffmann lexisnexisbutterworth, 2003 law 897 pages. The members of the commission are the honourable madam justice y mokgoro chairperson the honourable mr justice w seriti vicechairperson the honourable mr justice d davis member adv d ntsebeza, sc member. The ultimate test is the relevance of such similar fact evidence. Lexisnexisbutterworths took pride of place in libraries of legal practitioners and students alike. Evidence obtained through violating the right to freedom from. The south african law of evidence lexisnexis butterworths durban 2001. Speed up your checkout, save your information for future purchases and receive exclusive discounts by registering a secure online account. An analysis of the regulatory environment governing. The south african law of evidence is the authoritative and comprehensive guide to the law of evidence in south africa, combining the received wisdom of the past with the imperatives of the 1996 constitution, and includes more indepth discussion of such topics as.

Law of evidence amendment act 45 of 1988 afrikaans text signed by the state president as amended by justice laws rationalisation act 18 of 1996 act to amend the law of evidence so as to provide for the taking of judicial notice of the law of a foreign state and of. Law of evidence amendment act 45 of 1988 afrikaans text signed by the state president as amended by justice laws rationalisation act 18 of 1996 act to amend the law of evidence so as to provide for the taking of judicial notice of the law of a foreign state and of indigenous law. Lh hoffmann and dt zeffertt south african law of evidence 4th edn. South african law consists of the constitution which is the supreme law of the country, legislation acts of the national and provincial legislatures, and governmental regulations, judicial precedent, the common law rules developed by previous decisions of superior courts, and rules and principles discussed in the old romandutch authorities. An analysis of the regulatory environment governing hearsay. Republic of south africa southern african legal information. For many decades the south african law of evidence formally hoffmann and zeffertt durban. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. It presupposes that the student has already passed law of evidence a. Oxford university press the law of evidence in south. Case summaries for first semester and second semester cases included in chapter summaries. Expert evidence in south africa has been abolished in south africa,6 the essential structure of a system intended for a jury as factfinder is followed. Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in south africa jamil ddamulira mujuzi associate professor of law, faculty of law, university of the western cape, south africa summary although south african courts have expressly held that any evidence. With the knowledge acquired in this course the student should be equipped to deal with the more specialised principles covered in law of evidence a.

The south african law of evidence formerly hoffmann and. Amended by transfer of powers and duties of the state president act 97 of 1986. The south african law commission was established by the south african law commission act, 1973 act 19 of 1973. It will be of great assistance to candidate attorneys and pupils at the bar for examination preparation, and a useful resource for prosecutors, legal advisers and. Amanda barratt has been the law librarian at the university of cape town law library since january 2001. According to section 34 of the south african law of evidence amendment act 45 of 1988 the law of evidence amendment act hearsay is defined as evidence, whether oral or in writing, the probative value of which depends on the credibility of any person other than the person giving such evidence. Basic principles provides a clear, practical and innovative introduction to the law of evidence in south africa. Cases highlighted in blue, sections and acts highlighted in purple and examples highlighted in pink. Various statutes govern various aspects of it, but the common law is the main source. The law of evidence in south africa, basic principles. It remains for the court itself to evaluate the actuarys opinion on a casebycase basis. The book is easy to read and useful for practical problem solving. She is an admitted attorney and notary of the high court of south africa.

For the student to acquire a basic knowledge of general principles relating to the law of evidence. Evidence obtained through violating the right to freedom. Essential evidence can stand on its own as an exposition of the essential concepts of the law of evidence but may also be seen as a companion to the south african law of evidence by the same authors which is the authoritative and comprehensive guide to the. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. It is trite law that the admission or exclusion of similar facts evidence involves the theory of relevance in order to determine the probative value of certain circumstantial evidence. It is refreshing, and long overdue, that a new reference book on the law of evidence in south africa has been published. Essential evidence can stand on its own as an exposition of the essential concepts of the law of evidence but may also be seen as a companion to the south african law of evidence by the same authors which is the authoritative and comprehensive guide to the law of evidence in south africa. Basic principles is eminently suitable as a core text for students who are studying the law of evidence as a module of the llb degree, and also as a basic reference work for postgraduate students. The south african legal position regarding the admissibility of. Updated november 2015 national bar examination criminal. The south african law of evidence forms part of the adjectival or procedural law of that country. Cliffe dekker hofmeyr clearcut evidence in a notsoclear. Declaration i declare that the admissibility of real evidence in the light of the constitution of the republic of south africa, 1996 is my own work and that all the resources that i have used or quoted have been indicated and.

Aug 29, 2016 crossexamination is an integral part of the adversarial system of law, upon which south african legal proceedings are based, and all parties must be afforded the opportunity to exercise their right to question the evidence that is advanced against them through crossexamination. Dt zeffertt and dt paizes the south african law of evidence 2 ed lexisnexis durban. The purpose of this twopart article is to examine the regulatory environment governing hearsay electronic evidence with a view to providing clear, practical suggestions for regulatory reform in the context of the south african law reform commissions most recent discussion paper on electronic evidence. The admissibility of real evidence in the light of the. Then you can start reading kindle books on your smartphone, tablet, or computer no kindle device required. Yet court decisions can only effectively be a source of law if they. Pdf police manual find, read and cite all the research you need on researchgate. Law of evidence b 2018 page 1 of 9 law of evidence b. Law of evidence a 2017 page 1 of 11 law of evidence a. The south african law of evidence formerly hoffmann and zeffert. Zeffert, the south african law of evidence, 4th edn. It is refreshing, and long overdue, that a new reference book on. An introduction to south african law reports and reporters, 1828 to 1910 jp van niekerk 1 background judicial decisions, as any first year law student knows, are one of the fundamental sources of our law. Access study documents, get answers to your study questions, and connect with real tutors for department evi3701.

Some guidelines from south african law 79 assa convention 2012, cape town, 1617 october 2012 to elevate the reception of actuarial expert opinion evidence to a common law rule. Currently, salona is a phd candidate at the faculty of law at the university of cape town. South african law of evidence 2nd ed by zeffertt, paizes and skeen 2009. Zeffert and others, the south africa law of evidence, second edition, p 475 p 429 of the first edition.

The south african law of evidence formerly hoffmann and zeffert david t. Essential evidence covers the major concepts of the law of evidence. Oxford 1st edition 20 see also south african law of evidence 2nd ed by zeffertt, paizes and skeen 2009 commentary on the criminal procedure act, by du toit and others looseleaf. The south african law of evidence paperback, 3rd edition editor. Zeffert and paizes south african law of evidence zeffert dt and paizes ap the south african law of evidence lexisnexis butterworths durban 2003 case law alexkor ltd v the richtersveld community 2004 5 sa 460 cc bhe v magistrate, khayelitsha 2005 1 sa 580 cc breda v jacobs 1921 ad 330. A minithesis submitted in partial fulfilment of the requirements for the llm degree in the faculty of law of the university of the western cape.

It is not vital, in the case of other branches, to decide in which branch a particular rule falls, but with evidence it can be vital, as will be understood later, when we consider the impact of english law on the south african system. Cliffe dekker hofmeyr clearcut evidence in a notso. Wigmore followed suite in 1940 in his book anglo american systems of evidence in trials at common law where he stated that since women were naturally prone to lie and to fantasise about sexual matters they. It follows a logical sequence, commencing with general principles, followed by trial procedures and rules, then followed by methods of evaluating evidence and, finally, considering the application of exclusionary rules in context. When a legal problem is not covered by statute law, you can look at the common law for an answer. The south african law of evidence paperback, 3rd edition. For the student to acquire a deeper knowledge of certain aspects of the law of evidence not dealt with in law of evidence a. The law of evidence overlaps with other branches of procedural and substantive law. Zeffertt and paizes south african law of evidence 432. Onlangse regspraakrecent case law minister of police v m 2017 38 ijl 402 lc.

Salona lutchman is a senior lecturer in the department of public law at the university of cape town. The south african law of evidence is the authoritative and comprehensive guide to the law of evidence in south africa, combining the received wisdom of the past with the imperatives of the 1996 constitution, and includes more indepth discussion of such topics as hearsay, admissions and confessions, and privilege. Zeffert and paizes south african law of evidence zeffert dt and paizes ap the south african law of evidence lexisnexis butterworths durban 2003 case law alexkor ltd v the richtersveld community 2004 5 sa 460 cc bhe v magistrate, khayelitsha 2005 1 sa 580 cc breda v. Enter your mobile number or email address below and well send you a link to download the free kindle app. There is no allembracing statute governing the south african law of aspects.