Zeffert the south african law of evidence pdf

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 refreshing, and long overdue, that a new reference book on. 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. Evidence obtained through violating the right to freedom from. Onlangse regspraakrecent case law minister of police v m 2017 38 ijl 402 lc. Basic principles provides a clear, practical and innovative introduction to the law of evidence in south africa. 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. Lh hoffmann and dt zeffertt south african law of evidence 4th edn.

Lexisnexisbutterworths took pride of place in libraries of legal practitioners and students alike. Hoffmann lh and zeffert d 1988 the south african law of evidence 4th ed durban. 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. The book is easy to read and useful for practical problem solving. 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. 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.

The admissibility of real evidence in the light of the. Civil proceedings evidence act 25 of 1965 south african. The text provides a straightforward approach to the law of evidence. 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. South african law of evidence 2nd ed by zeffertt, paizes and skeen 2009.

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. Cliffe dekker hofmeyr clearcut evidence in a notsoclear. 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. Zeffertt and paizes south african law of evidence 432. Yet court decisions can only effectively be a source of law if they. Various statutes govern various aspects of it, but the common law is the main source. Republic of south africa southern african legal information. The south african law of evidence formerly hoffmann and zeffert. Case summaries for first semester and second semester cases included in chapter summaries. The law of evidence in south africa, basic principles.

The south african law of evidence paperback, 3rd edition editor. The use of rape trauma syndrome as evidence in a rape trial. Then you can start reading kindle books on your smartphone, tablet, or computer no kindle device required. 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. 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 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. Oxford university press the law of evidence in south. The south african law of evidence paperback, 3rd edition.

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. For the student to acquire a deeper knowledge of certain aspects of the law of evidence not dealt with in law of evidence a. Amanda barratt has been the law librarian at the university of cape town law library since january 2001. She is an admitted attorney and notary of the high court of south africa.

Zeffert and others, the south africa law of evidence, second edition, p 475 p 429 of the first edition. Law of evidence b 2018 page 1 of 9 law of evidence b. 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. 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. Updated november 2015 national bar examination criminal.

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. Essential evidence covers the major concepts of the law of evidence. 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. The south african law of evidence forms part of the adjectival or procedural law of that country. 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. 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. 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. Starts with some lecture notes that may be skipped. The south african legal position regarding the admissibility of. The south african law commission was established by the south african law commission act, 1973 act 19 of 1973. It remains for the court itself to evaluate the actuarys opinion on a casebycase basis. The text provides a straightforward approach to the law of evidence, which follows a logical sequence, commencing with general principles. Evidence obtained through violating the right to freedom. 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.

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. 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. 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. Currently, salona is a phd candidate at the faculty of law at the university of cape town.

Access study documents, get answers to your study questions, and connect with real tutors for department evi3701. Cases highlighted in blue, sections and acts highlighted in purple and examples highlighted in pink. Cliffe dekker hofmeyr clearcut evidence in a notso. Dt zeffertt and dt paizes the south african law of evidence 2 ed lexisnexis durban. The south african law of evidence lexisnexis butterworths durban 2001. Skeen, leonard hubert hoffmann lexisnexisbutterworth, 2003 law 897 pages. When a legal problem is not covered by statute law, you can look at the common law for an answer. The law of evidence overlaps with other branches of procedural and substantive law.

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. An analysis of the regulatory environment governing. 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. Law of evidence a 2017 page 1 of 11 law of evidence a. The ultimate test is the relevance of such similar fact evidence. For the student to acquire a basic knowledge of general principles relating to the law of evidence. An analysis of the regulatory environment governing hearsay. The south african law of evidence formerly hoffmann and zeffert david t.

Enter your mobile number or email address below and well send you a link to download the free kindle app. 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. Pdf police manual find, read and cite all the research you need on researchgate. For many decades the south african law of evidence formally hoffmann and zeffertt durban. There is no allembracing statute governing the south african law of aspects. 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. Zeffert, the south african law of evidence, 4th edn. Amended by transfer of powers and duties of the state president act 97 of 1986. The south african law of evidence formerly hoffmann and. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. Speed up your checkout, save your information for future purchases and receive exclusive discounts by registering a secure online account. It is refreshing, and long overdue, that a new reference book on the law of evidence in south africa has been published. 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.