, LEV3701 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2026 - DUE September 2026; 100% Correct
solutions and explanations.
QUESTION 1: Originality and authenticity of documentary
evidence
Documentary evidence must generally satisfy certain requirements before it can be admitted in
evidence. These include relevance, authenticity and originality. In the present facts, the
photographs and voice recordings made by Mr X raise particular issues because they were
originally created on his cellphone and were subsequently copied onto a laptop, a memory stick
and finally a compact disc. The fact that the cellphone was later stolen makes it necessary to
consider whether the copies can still satisfy the requirements of originality and authenticity.
Originality
The traditional approach to documentary evidence is that the original document should be
produced where possible. This is associated with the best-evidence principle. However,
electronic evidence has changed the application of this principle. Section 14 of the Electronic
Communications and Transactions Act 25 of 2002 (ECTA) provides that where information is
required to be presented in its original form, a data message can satisfy that requirement if its
integrity has been established and the information can be displayed or produced. Integrity
requires consideration of whether the information remained complete and unaltered, apart from
changes occurring normally during communication, storage or display.
Section 15 is particularly important. It provides that evidence cannot be excluded merely because
it is in the form of a data message or because it is not in its original form, provided that it is the
best evidence that the person adducing it could reasonably be expected to obtain. The court must
nevertheless give the data message appropriate evidential weight by considering, among other
things, the reliability of the manner in which it was generated, stored and communicated and the
reliability with which its integrity was maintained.
This principle is illustrated in S v Brown 2015, where the court recognised that photographs,
audio and video recordings created and stored electronically are susceptible to manipulation and
therefore require consideration of their reliability and authenticity. The court also recognised that
the ECTA provisions qualify the ordinary requirements concerning original form and
authenticity.
Applied to the facts, the original photographs and recordings were created by Mr X on his
cellphone. They were then transferred to his laptop, memory stick and CD. The CD is therefore
not the original physical storage device. This does not automatically make the evidence
inadmissible. The State must provide a satisfactory explanation of the copying process and
establish that the information on the CD accurately represents the information originally captured
by Mr X. The fact that the cellphone was stolen is relevant because the original device is no
Semester 2 2026 - DUE September 2026; 100% Correct
solutions and explanations.
QUESTION 1: Originality and authenticity of documentary
evidence
Documentary evidence must generally satisfy certain requirements before it can be admitted in
evidence. These include relevance, authenticity and originality. In the present facts, the
photographs and voice recordings made by Mr X raise particular issues because they were
originally created on his cellphone and were subsequently copied onto a laptop, a memory stick
and finally a compact disc. The fact that the cellphone was later stolen makes it necessary to
consider whether the copies can still satisfy the requirements of originality and authenticity.
Originality
The traditional approach to documentary evidence is that the original document should be
produced where possible. This is associated with the best-evidence principle. However,
electronic evidence has changed the application of this principle. Section 14 of the Electronic
Communications and Transactions Act 25 of 2002 (ECTA) provides that where information is
required to be presented in its original form, a data message can satisfy that requirement if its
integrity has been established and the information can be displayed or produced. Integrity
requires consideration of whether the information remained complete and unaltered, apart from
changes occurring normally during communication, storage or display.
Section 15 is particularly important. It provides that evidence cannot be excluded merely because
it is in the form of a data message or because it is not in its original form, provided that it is the
best evidence that the person adducing it could reasonably be expected to obtain. The court must
nevertheless give the data message appropriate evidential weight by considering, among other
things, the reliability of the manner in which it was generated, stored and communicated and the
reliability with which its integrity was maintained.
This principle is illustrated in S v Brown 2015, where the court recognised that photographs,
audio and video recordings created and stored electronically are susceptible to manipulation and
therefore require consideration of their reliability and authenticity. The court also recognised that
the ECTA provisions qualify the ordinary requirements concerning original form and
authenticity.
Applied to the facts, the original photographs and recordings were created by Mr X on his
cellphone. They were then transferred to his laptop, memory stick and CD. The CD is therefore
not the original physical storage device. This does not automatically make the evidence
inadmissible. The State must provide a satisfactory explanation of the copying process and
establish that the information on the CD accurately represents the information originally captured
by Mr X. The fact that the cellphone was stolen is relevant because the original device is no
