STUDY UNIT 16

Question 1

WHAT IS DATA MESSAGE?

Answer 1

data message means data generated, sent, received or sore by electronic means and includes:
a. a voice, where the voice is used in an automated transaction, and
b. a stored record.

Question 2

LEGAL RECOGNITION OF DATA MESSAGE:

Answer 2

section 11 provides for the legal recognition of data message
-Jafta v Ezemvelo case

Question 3

WRITING:

Answer 3

section 12 provides that data message will constitute a document and be considered in writing for legal purposes, provided certain requirements are satisfied.

Question 4

REQUIREMENTS:

Answer 4

1. the document or information is in the form of a data message, and
2. accessible in a manner usable for subsequent reference.

Question 5

ORIGINAL:

Answer 5

provided for by section 14

Question 6

ADMISSIBILITY AND THE EVIDENTIAL WEIGHT OF ELECTRONIC EVIDENCE:

Answer 6

• s15 regulates the admissibility and evidential weight of data message
• s15(1) deals with the admissibility
• s15(2) and s15(3) provides guidance insofar as evidential weight is concerned.

Question 7

SECTION 15(1):

Answer 7

prohibits the exclusion of evidence on the mere grounds that it is generated by a computer and not by a natural person, and further prohibits the exclusion of evidence on grounds that it is not original

Question 8

BEST EVIDENCE RULE:

Answer 8

section 15(1)(b) provides that in any legal proceedings the rules of evidence must not be applied so as to deny the admission of data message if it is the best evidence that the person adducing it could be reasonably expected to obtain.