LEV3701
Assignment 2 Semester 2 2026
Unique number:
Due date: September 2026
(1) Originality and authenticity
Where the photographs are treated as documentary evidence, the general rule is that the original
document must be produced and its authenticity must be proved.1 Originality is linked to the original
source of the recording and exists mainly to reduce the possibility of error, alteration or falsification.
The original is normally the best evidence where the contents of the document are directly in issue. 1
In this case, the photographs were originally created and stored on Mr X’s cell phone. The compact
disc is therefore a later copy because the files passed from the phone to a laptop, memory stick and
finally the compact disc.
, (1) Originality and authenticity
Where the photographs are treated as documentary evidence, the general rule is
that the original document must be produced and its authenticity must be proved.1
Originality is linked to the original source of the recording and exists mainly to reduce
the possibility of error, alteration or falsification. The original is normally the best
evidence where the contents of the document are directly in issue.2 In this case, the
photographs were originally created and stored on Mr X’s cell phone. The compact
disc is therefore a later copy because the files passed from the phone to a laptop,
memory stick and finally the compact disc.
The stolen cellphone does not automatically make the copies inadmissible.
Secondary evidence may be admitted where the original has been lost or destroyed,
provided its absence is satisfactorily explained. In Singh v Govender Brothers
Construction the court accepted that secondary evidence may prove the contents of
a document where the original is lost or destroyed and a proper search has been
made.3 The theft therefore provides a reasonable explanation for the non-production
of the original cellphone.
Authenticity means that a document is what it purports to be.4 Mr X is the person
who took the photographs, made the recordings and transferred them between the
different devices. He can therefore identify them and testify that the files on the
compact disc are the same photographs and recordings made at the scene and that
they were not altered. His evidence would establish the chain from the cellphone to
the compact disc. Any unexplained editing or break in that chain could weaken
authenticity and evidential weight.
(2) Admissibility under section 15 of the ECT Act
A data message is data generated, sent, received or stored by electronic means and
includes a stored record. “Data” means electronic representations of information in
1
PJ Schwikkard and SE van der Merwe, Principles of Evidence (4th edn, Juta 2015) 432–435.
2
ibid 432–433.
3
Singh v Govender Brothers Construction 1986 (3) SA 613 (N) 617.
4
Schwikkard and Van der Merwe (n 1) 434–435.
Assignment 2 Semester 2 2026
Unique number:
Due date: September 2026
(1) Originality and authenticity
Where the photographs are treated as documentary evidence, the general rule is that the original
document must be produced and its authenticity must be proved.1 Originality is linked to the original
source of the recording and exists mainly to reduce the possibility of error, alteration or falsification.
The original is normally the best evidence where the contents of the document are directly in issue. 1
In this case, the photographs were originally created and stored on Mr X’s cell phone. The compact
disc is therefore a later copy because the files passed from the phone to a laptop, memory stick and
finally the compact disc.
, (1) Originality and authenticity
Where the photographs are treated as documentary evidence, the general rule is
that the original document must be produced and its authenticity must be proved.1
Originality is linked to the original source of the recording and exists mainly to reduce
the possibility of error, alteration or falsification. The original is normally the best
evidence where the contents of the document are directly in issue.2 In this case, the
photographs were originally created and stored on Mr X’s cell phone. The compact
disc is therefore a later copy because the files passed from the phone to a laptop,
memory stick and finally the compact disc.
The stolen cellphone does not automatically make the copies inadmissible.
Secondary evidence may be admitted where the original has been lost or destroyed,
provided its absence is satisfactorily explained. In Singh v Govender Brothers
Construction the court accepted that secondary evidence may prove the contents of
a document where the original is lost or destroyed and a proper search has been
made.3 The theft therefore provides a reasonable explanation for the non-production
of the original cellphone.
Authenticity means that a document is what it purports to be.4 Mr X is the person
who took the photographs, made the recordings and transferred them between the
different devices. He can therefore identify them and testify that the files on the
compact disc are the same photographs and recordings made at the scene and that
they were not altered. His evidence would establish the chain from the cellphone to
the compact disc. Any unexplained editing or break in that chain could weaken
authenticity and evidential weight.
(2) Admissibility under section 15 of the ECT Act
A data message is data generated, sent, received or stored by electronic means and
includes a stored record. “Data” means electronic representations of information in
1
PJ Schwikkard and SE van der Merwe, Principles of Evidence (4th edn, Juta 2015) 432–435.
2
ibid 432–433.
3
Singh v Govender Brothers Construction 1986 (3) SA 613 (N) 617.
4
Schwikkard and Van der Merwe (n 1) 434–435.
