Proof without evidence

Question 1

Withdrawal of formal admission: requirements and consequences [CRIM TRIAL]

Answer 1

The accused would need to show that the admission was either made under duress or by mistake.

If they can show that either of these could be the case, the statement would no longer be biding on them. However it would still remain an item of evidence.

Thus the initial making of formal admission and the circumstances leading to the withdrawal may be considered for any probative value they may have.

Question 2

Withdrawal of formal admission: requirements and consequences [CIV TRIAL]

Answer 2

Court discretion to allow party to amend pleadings. Allowed if party can show:
1. That a bona fide mistake was made AND
2. The amendment will not cause prejudice to the other side which cannot be cured by an appropriate cost order.

Question 3

NSS obo AS v MEC for Health Eastern Cape

Answer 3

Formal admissions need to be made with requisite intention. The effect of a formal admission is that it will constitute conclusive proof of the fact admitted.

Question 4

Judicial notice can be taken of?

Answer 4

1. Notorious facts
2. Law
3. Legislative facts
4. Facts readily ascertainable

Question 5

Notorious facts?

Answer 5

These are facts of general knowledge (e.g. there are 7 days in a week) or specific facts notorious w/in the locality of the court (e.g. distance between well-known local places).

Question 6

Readily ascertainable facts

Answer 6

These are not generally known, but readily and easily ascertained.

Question 7

Judicial notice of law

Answer 7

Can take notice of certain well-established practices or precedents of court.

E.g: S1 of LEAA authorises courts to take judicial notice of indigenous and foreign law.

Question 8

Legislative facts

Answer 8

CC rule 31: Any party to any proceedings before the court + amicus curia properly admitted; shall be entitled to canvass factual material relevant to the determination of issues and which does not appear on the record.

BUT: provisio - such facts must be common cause or otherwise incontrovertible or of an official / scientific / technical / statistical nature capable of easily verification.