, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
Question 1
2. During Mr Matlala’s motor vehicle accident trial, the prosecution intends to call a police
reserve officer, Mr Sibiya, to testify as an expert witness about whether Mr Matlala was drunk
at the time of the accident. Mr Sibiya was not at the accident scene and did not test Mr Matlala’s
blood for alcohol content. However, Mr Sibiya has many years of experience as a police reserve
officer and has attended numerous car accidents where drivers were found to be intoxicated Mr
Sibiya knows Mr Matlala personally, as a tavern owner, and they previously had an altercation.
Mr Mkhwanazi, an honest and seasoned police officer, saw the accident when it happened;
however, he was not requested to provide a statement.
2.1 Explain the relationship between proof and the law of evidence.
The law of evidence and the concept of proof are intrinsically linked. Evidence comprises all the
information and material submitted to the court to enable the presiding officer to settle a dispute.¹
Proof, on the other hand, is the result achieved when sufficient grounds exist for the presiding officer
to accept the existence of a fact.²
The relationship between the two can be understood as follows:
The law of evidence provides the framework for proof: It determines which evidence may be
submitted to court, how it may be submitted, and who may present it.³ This framework ensures
that only relevant and reliable information is placed before the court.
Proof is furnished through evidence: A fact is proven when the court has received probative
material (evidence) and has accepted such a fact as being the truth for the purposes of the
specific case.⁴
The law of evidence regulates the standard of proof: In criminal matters, the law of evidence
prescribes that the state must prove all facts in dispute beyond a reasonable doubt.⁵ This is the
measure used to determine whether the party bearing the onus has discharged its burden
through the evidence presented.
Therefore, the law of evidence acts as the procedural mechanism through which proof is established.
Without the rules of evidence, there would be no structured way to present information to the court,
and consequently, no reliable means of proving or disproving allegations. The law of evidence
enables a court to make findings without hearing evidence in some instances and also deals with the
weighing of evidence and the onus of proof.⁶
¹ Applied Law for Police Officials (2018) Chapter 16, page 403.
² Chapter 16, page 405.
³ Chapter 16, page 403.
⁴ Chapter 16, page 405.
⁵ Chapter 16, page 405.
⁶ Chapter 16, page 403.
Question 1
2. During Mr Matlala’s motor vehicle accident trial, the prosecution intends to call a police
reserve officer, Mr Sibiya, to testify as an expert witness about whether Mr Matlala was drunk
at the time of the accident. Mr Sibiya was not at the accident scene and did not test Mr Matlala’s
blood for alcohol content. However, Mr Sibiya has many years of experience as a police reserve
officer and has attended numerous car accidents where drivers were found to be intoxicated Mr
Sibiya knows Mr Matlala personally, as a tavern owner, and they previously had an altercation.
Mr Mkhwanazi, an honest and seasoned police officer, saw the accident when it happened;
however, he was not requested to provide a statement.
2.1 Explain the relationship between proof and the law of evidence.
The law of evidence and the concept of proof are intrinsically linked. Evidence comprises all the
information and material submitted to the court to enable the presiding officer to settle a dispute.¹
Proof, on the other hand, is the result achieved when sufficient grounds exist for the presiding officer
to accept the existence of a fact.²
The relationship between the two can be understood as follows:
The law of evidence provides the framework for proof: It determines which evidence may be
submitted to court, how it may be submitted, and who may present it.³ This framework ensures
that only relevant and reliable information is placed before the court.
Proof is furnished through evidence: A fact is proven when the court has received probative
material (evidence) and has accepted such a fact as being the truth for the purposes of the
specific case.⁴
The law of evidence regulates the standard of proof: In criminal matters, the law of evidence
prescribes that the state must prove all facts in dispute beyond a reasonable doubt.⁵ This is the
measure used to determine whether the party bearing the onus has discharged its burden
through the evidence presented.
Therefore, the law of evidence acts as the procedural mechanism through which proof is established.
Without the rules of evidence, there would be no structured way to present information to the court,
and consequently, no reliable means of proving or disproving allegations. The law of evidence
enables a court to make findings without hearing evidence in some instances and also deals with the
weighing of evidence and the onus of proof.⁶
¹ Applied Law for Police Officials (2018) Chapter 16, page 403.
² Chapter 16, page 405.
³ Chapter 16, page 403.
⁴ Chapter 16, page 405.
⁵ Chapter 16, page 405.
⁶ Chapter 16, page 403.
