, FOR2609
ASSIGNMENT 2 SEMESTER 2
2026
DUE AUGUST 2026
QUESTION 1
2.1 The Relationship Between Proof and the Law of Evidence
The relationship between proof and the law of evidence is one of means and end. The law of
evidence regulates the manner in which facts are to be proved to the court (Joubert 2018:401-402).
According to Joubert (2018:402), the law of evidence primarily determines which evidence may be
submitted to court, how it may/should be submitted, and who may present or submit the
evidence.
Proof, on the other hand, is the outcome of successfully applying these rules. A fact is proven when
there are sufficient grounds for the presiding officer to accept the existence of such fact (Joubert
2018:405). The law of evidence provides the framework of rules and procedures that govern how
facts may be proved, while proof is the establishment of a fact in the mind of the presiding officer
to the required legal standard.
Joubert (2018:405) explains that the law of evidence contains the entire body of legal rules that
regulate the proof of facts in a court of law. It includes the rules that enable a court to make
findings without hearing evidence, and deals with the weighing of evidence, the standard of proof,
the onus of proof, corroboration, cautionary rules, and the admissibility of evidence.
The relationship is therefore symbiotic: the rules of evidence exist to facilitate the proper
administration of justice by ensuring that only reliable and relevant evidence is considered in
establishing proof. Without the rules of evidence, proof would be arbitrary and unreliable; without
the goal of proof, the rules of evidence would serve no purpose.
ASSIGNMENT 2 SEMESTER 2
2026
DUE AUGUST 2026
QUESTION 1
2.1 The Relationship Between Proof and the Law of Evidence
The relationship between proof and the law of evidence is one of means and end. The law of
evidence regulates the manner in which facts are to be proved to the court (Joubert 2018:401-402).
According to Joubert (2018:402), the law of evidence primarily determines which evidence may be
submitted to court, how it may/should be submitted, and who may present or submit the
evidence.
Proof, on the other hand, is the outcome of successfully applying these rules. A fact is proven when
there are sufficient grounds for the presiding officer to accept the existence of such fact (Joubert
2018:405). The law of evidence provides the framework of rules and procedures that govern how
facts may be proved, while proof is the establishment of a fact in the mind of the presiding officer
to the required legal standard.
Joubert (2018:405) explains that the law of evidence contains the entire body of legal rules that
regulate the proof of facts in a court of law. It includes the rules that enable a court to make
findings without hearing evidence, and deals with the weighing of evidence, the standard of proof,
the onus of proof, corroboration, cautionary rules, and the admissibility of evidence.
The relationship is therefore symbiotic: the rules of evidence exist to facilitate the proper
administration of justice by ensuring that only reliable and relevant evidence is considered in
establishing proof. Without the rules of evidence, proof would be arbitrary and unreliable; without
the goal of proof, the rules of evidence would serve no purpose.
