LEV3701 ASSIGNMENT 2 2026
DUE SEPTEMBER 2026
QUESTION 1
With reference to the facts, fully discuss originality and authenticity as
requirements for the admissibility of documentary evidence. (8)
For documentary evidence to be admissible, two main requirements must be
met: originality and authenticity (LEV3701 Study Guide, Learning Unit 7.1). The facts
involve photographs and voice recordings on Mr X's cell phone (later stolen) that were
downloaded to a laptop, memory stick, and CD.
1.2 Originality (The Best Evidence Rule)
The original document must be produced in court (LEV3701 Study Guide 7.3.1).
However, the cell phone was stolen.
Exceptions:
ECT Act s15(1)(b): Data messages are admissible if not in original form, provided it
is "the best evidence that the person could reasonably be expected to obtain."
Exceptions to originality rule (LEV3701 Study Guide 7.3.2): Where original is
lost/destroyed, opponent admits contents, or legislation permits secondary evidence.
S v Adendorff 2004 (2) SACR 185 (SCA): Copies may be admitted where original
unavailable.
ECT Act s14: Court must consider whether information remained complete and
unaltered.
The stolen original creates a valid exception. The CD copies are the best evidence
available.
, 1.3 Authenticity
Document is what it purports to be genuine and not altered (LEV3701 Study Guide
7.4.1). Producing the original is not enough, authenticity must still be proved (S v
Adendorff).
How authenticity is proved (LEV3701 Study Guide 7.4.2):
Author, executor, or signatory
Witness who saw document created
Person who can identify handwriting/signature
Person with lawful control/custody
Mr X can authenticate the evidence because he took the photographs, made the
recordings, and can testify the CD accurately reflects the original.
(LEV3701 Study Guide 7.4.3): Opponent admits, legislation permits, or public
document.
Originality and authenticity can be satisfied. Stolen original creates exception
under ECT Act s15(1)(b) . Mr X's testimony proves authenticity.
DUE SEPTEMBER 2026
QUESTION 1
With reference to the facts, fully discuss originality and authenticity as
requirements for the admissibility of documentary evidence. (8)
For documentary evidence to be admissible, two main requirements must be
met: originality and authenticity (LEV3701 Study Guide, Learning Unit 7.1). The facts
involve photographs and voice recordings on Mr X's cell phone (later stolen) that were
downloaded to a laptop, memory stick, and CD.
1.2 Originality (The Best Evidence Rule)
The original document must be produced in court (LEV3701 Study Guide 7.3.1).
However, the cell phone was stolen.
Exceptions:
ECT Act s15(1)(b): Data messages are admissible if not in original form, provided it
is "the best evidence that the person could reasonably be expected to obtain."
Exceptions to originality rule (LEV3701 Study Guide 7.3.2): Where original is
lost/destroyed, opponent admits contents, or legislation permits secondary evidence.
S v Adendorff 2004 (2) SACR 185 (SCA): Copies may be admitted where original
unavailable.
ECT Act s14: Court must consider whether information remained complete and
unaltered.
The stolen original creates a valid exception. The CD copies are the best evidence
available.
, 1.3 Authenticity
Document is what it purports to be genuine and not altered (LEV3701 Study Guide
7.4.1). Producing the original is not enough, authenticity must still be proved (S v
Adendorff).
How authenticity is proved (LEV3701 Study Guide 7.4.2):
Author, executor, or signatory
Witness who saw document created
Person who can identify handwriting/signature
Person with lawful control/custody
Mr X can authenticate the evidence because he took the photographs, made the
recordings, and can testify the CD accurately reflects the original.
(LEV3701 Study Guide 7.4.3): Opponent admits, legislation permits, or public
document.
Originality and authenticity can be satisfied. Stolen original creates exception
under ECT Act s15(1)(b) . Mr X's testimony proves authenticity.
