CONTINUATION OF SU 4

Question 1

SECONDARY EVIDENCE IS ADMITTED WHERE:

Answer 1

1. the existence of the document rather than its contents is a fact in issue.
2. it can be shown that the original has been destroyed.
3. the production of the original is impossible.
4. the production of the original may result in a criminal charge.
5. the original is in the possession of an opposing party who has been given notice to produce the document and has failed to do so

Question 2

SECTION 233(1) OF THE CPA & SECTION 18(1) OF THE CPEA

Answer 2

copies or extracts of public documents are admissible when certified by the officer in control of the original document.

Question 3

SECTION 234(1) OF THE CPA & SECTIONS 19(1) AND 20 OF THE CPEA:

Answer 3

copies or extracts of official documents are admissible when certified by a State official who is in control of the original documents.

Question 4

A document may be authenticated by:

Answer 4

1. the executor or author
2. any witness who signed the document
3. any person who can identify a signature
4. any person who is in lawful control of the document