General Principles

Question 1

What is the Law of Evidence?

Answer 1

• concerned with how evidence may be presented in court
• how facts are to be proven in court
• determines what material may be used as evidence

Question 2

What is Law of Evidence based on?

Answer 2

• it is largely based on English which was developed by means of trial by jury.
• the European system submits all evidence to the court, it was abolished in SA but we still follow the English system.

Question 3

What is Law of Evidence Codified by?

Answer 3

• The Criminal Procedure Act
• The Criminal Law Amendment Act
• The Civil Proceedings Evidence Act
• The Law of Evidence Amendment Act
• The Electronic Communications and Transaction Act