, LEV3701
ASSIGNMENT 2 SEMESTER 2
2026
DUE SEPTEMBER 2026
(1) Originality and Authenticity as Requirements for Admissibility of Documentary Evidence
In South African evidence law, documentary evidence must satisfy the requirements of originality
and authenticity before it can be admitted (S v Mpehle 1990 (1) SACR 449 (A)). These requirements
are distinct but interrelated.
Originality refers to the best evidence rule, which generally requires that the original document be
produced. However, this rule has been relaxed, and secondary evidence may be admitted if the
original is unavailable and a proper foundation is laid (S v Tandwa 2008 (1) SACR 613 (SCA)). In the
present facts, the cell phone containing the original photographs and voice recordings was stolen
prior to trial. The State therefore cannot produce the original data messages. To overcome this, the
State must lead evidence explaining the loss of the original and prove that the copies on the laptop,
memory stick, and CD are accurate reproductions of the original content. The court must be
satisfied that no alterations or manipulations occurred during the multiple transfers of data (S v
Mather 1995 (1) SACR 593 (A)).
Authenticity requires proof that the document is genuine and originates from the alleged source (S
v Mbatha 2006 (2) SACR 324 (SCA)). For the photographs and voice recordings, authenticity entails:
Proving that Mr X’s cell phone created the images and audio on the morning in question.
Demonstrating that the content depicts the accused at the scene and reflects his condition and
conduct.
Establishing a reliable chain of custody from creation to downloading to copying onto the CD, to
guard against tampering (S v Ndlovu 2002 (2) SACR 325 (SCA)).
Without proper evidence of originality and authenticity, the photographs and recordings remain
inadmissible as documentary evidence.
ASSIGNMENT 2 SEMESTER 2
2026
DUE SEPTEMBER 2026
(1) Originality and Authenticity as Requirements for Admissibility of Documentary Evidence
In South African evidence law, documentary evidence must satisfy the requirements of originality
and authenticity before it can be admitted (S v Mpehle 1990 (1) SACR 449 (A)). These requirements
are distinct but interrelated.
Originality refers to the best evidence rule, which generally requires that the original document be
produced. However, this rule has been relaxed, and secondary evidence may be admitted if the
original is unavailable and a proper foundation is laid (S v Tandwa 2008 (1) SACR 613 (SCA)). In the
present facts, the cell phone containing the original photographs and voice recordings was stolen
prior to trial. The State therefore cannot produce the original data messages. To overcome this, the
State must lead evidence explaining the loss of the original and prove that the copies on the laptop,
memory stick, and CD are accurate reproductions of the original content. The court must be
satisfied that no alterations or manipulations occurred during the multiple transfers of data (S v
Mather 1995 (1) SACR 593 (A)).
Authenticity requires proof that the document is genuine and originates from the alleged source (S
v Mbatha 2006 (2) SACR 324 (SCA)). For the photographs and voice recordings, authenticity entails:
Proving that Mr X’s cell phone created the images and audio on the morning in question.
Demonstrating that the content depicts the accused at the scene and reflects his condition and
conduct.
Establishing a reliable chain of custody from creation to downloading to copying onto the CD, to
guard against tampering (S v Ndlovu 2002 (2) SACR 325 (SCA)).
Without proper evidence of originality and authenticity, the photographs and recordings remain
inadmissible as documentary evidence.
