lOMoAR cPSD| 27753314
LEV3701 Assignment 01 semester 2
Law of evidence(university of south africa)
1.1 Hearsay is evidence, whether orally or in writing, the probative value or which depends
upon the credibility of any person other than the person giving such evidence. 1 The
statements would qualify as hearsay evidence. Hearsay is generally inadmissible because
it is not reliable, but certain exceptions are admissible in terms of Section 3(1) of the Law
of Evidence Amendment Act, 45 of 1988:
i) Each party against whom the evidence is to be adduced agrees to its
admission.
ii) The person upon whose credibility the probative value of the hearsay evidence
depends testifies during the proceedings.
iii) The court, having regard to various factors, is of the opinion that such evidence
1
Law of Evidence Amendment Act, 45 of 1988.
, lOMoAR cPSD| 27753314
should be admitted in the interests of justice.
If such evidence is permitted in terms of the above exceptions, it becomes admissible
hearsay. In exercising its discretion in terms of Section 3(1) (c), the Court should have
regard to the following factors:
1. The nature of the proceedings
As held in Metedad v National Employers General Insurance Co Ltd 1992 1 SA 494
(W) 499, because of the presumption of innocence, our courts will be more inclined
to admit hearsay in civil cases than in criminal cases.
1. The nature of the evidence
Case law provides no clear guidance, but it can be inferred from Hewan v Kourie
NO 1993 3 SA 233 (T) that the reliability of the hearsay evidence is an important
when considering the nature of the evidence. The fact that the non-witness, for
example, has or had no interest in the matter before the court may impact on the
reliability aspect.
3 The purpose for which the evidence is tendered
As held in Hlongwane v Rector, St Francis College 1989 3 SA 318 (D) and confirmed
in
Metedad v National Employers‟ General Insurance Co Ltd 1992 1 SA 494 (W) 499,
General Insurance Co Ltd 1992 1 SA 494 (W) 499,
LEV3701 Assignment 01 semester 2
Law of evidence(university of south africa)
1.1 Hearsay is evidence, whether orally or in writing, the probative value or which depends
upon the credibility of any person other than the person giving such evidence. 1 The
statements would qualify as hearsay evidence. Hearsay is generally inadmissible because
it is not reliable, but certain exceptions are admissible in terms of Section 3(1) of the Law
of Evidence Amendment Act, 45 of 1988:
i) Each party against whom the evidence is to be adduced agrees to its
admission.
ii) The person upon whose credibility the probative value of the hearsay evidence
depends testifies during the proceedings.
iii) The court, having regard to various factors, is of the opinion that such evidence
1
Law of Evidence Amendment Act, 45 of 1988.
, lOMoAR cPSD| 27753314
should be admitted in the interests of justice.
If such evidence is permitted in terms of the above exceptions, it becomes admissible
hearsay. In exercising its discretion in terms of Section 3(1) (c), the Court should have
regard to the following factors:
1. The nature of the proceedings
As held in Metedad v National Employers General Insurance Co Ltd 1992 1 SA 494
(W) 499, because of the presumption of innocence, our courts will be more inclined
to admit hearsay in civil cases than in criminal cases.
1. The nature of the evidence
Case law provides no clear guidance, but it can be inferred from Hewan v Kourie
NO 1993 3 SA 233 (T) that the reliability of the hearsay evidence is an important
when considering the nature of the evidence. The fact that the non-witness, for
example, has or had no interest in the matter before the court may impact on the
reliability aspect.
3 The purpose for which the evidence is tendered
As held in Hlongwane v Rector, St Francis College 1989 3 SA 318 (D) and confirmed
in
Metedad v National Employers‟ General Insurance Co Ltd 1992 1 SA 494 (W) 499,
General Insurance Co Ltd 1992 1 SA 494 (W) 499,
