You will be glad to know that right now law of succession in south africa pdf is available on our online library. How this fits into the overall degree structure as a procedural adjectival law subject. Law of evidence amendment act 45 of 1988 afrikaans text signed by the state president as amended by justice laws rationalisation act 18 of 1996 act to amend the law of evidence so as to provide for the taking of judicial notice of the law of a foreign state and of indigenous law. For many decades the south african law of evidence formally hoffmann and zeffertt durban. In the anglican church of southern africa, archbishop emeritus of cape town desmond tutu and the current archbishop of cape town, thabo makgoba, and dr. When i called a security officer that was on duty on the day that the allegation against me. It is commonplace for experts to be utilized by plaintiffs and defendants to bolster their respective cases and give guidance to the courts, and this role has been welcomed. History of south african law seite 1 a introduction south african law is neither a classical roman, nor a romandutch law nor an english common law and certainly not a traditional african law. It also has a bill of rights list of human rights, which sets a standard for all laws. Amended by justice laws rationalisation act 18 of 1996. Access study documents, get answers to your study questions, and connect with real tutors for evi 3702. With summaries written by fellow students, you are guaranteed to be properly prepared for your exams. The south african law of evidence formerly hoffmann and zeffert david t. A minithesis submitted in partial fulfilment of the requirements for the llm degree in the faculty of law of the university of the western cape.
To amend the law of evidence so as to provide for the taking of judicial notice of the law of a foreign state and of indigenous law. The threat of punishment is also used to prevent behaviour that society does not want to happen. For the student to acquire a deeper knowledge of certain aspects of the law of evidence not dealt with in law of evidence a. Stock is also taken of the provisions of the electronic communications and. Various statutes govern various aspects of it, but the common law is the main source. Republic and the south african law reform commission defines customary law as the various laws observed by communities indigenous to the country. Cliffe dekker hofmeyr clearcut evidence in a notso.
Frequently asked questions labour law, south africa. However giving 5 days notice is not excessive and will ensure that the employee receives enough time to prepare for the hearing. Declaration i declare that the admissibility of real evidence in the light of the constitution of the republic of south africa, 1996 is my own work and that all the resources that i have used or quoted have been indicated and. Oxford university press the law of evidence in south. Chapter 3 sources of the south african law of evidence and. Amended by transfer of powers and duties of the state president act 97 of 1986. What is more, religion forms an important part of the legal system of the north african countries. The constitution is the supreme highest law of south africa. Pdf law of succession in south africa pdf are you looking for ebook law of succession in south africa pdf. Hi fellow law students, i have uploaded lecture notes in pdf format containing the ebook notes for the subject law of evidence for llb and ba. Whereas the south african common law and statutory law do not deal adequately, effectively and in a nondiscriminatory manner with many aspects relating to or associated with the commission of sexual offences, and a uniform and coordinated approach to the implementation of and service delivery in terms of the laws relating to.
Access study documents, get answers to your study questions, and connect with real tutors for department evi3701. South african law of evidence as it applies to the child witness. The use of rape trauma syndrome as evidence in a rape trial. Let us help you the role of expert evidence in south africa. Cases highlighted in blue, sections and acts highlighted in purple and examples highlighted in pink. Over 250,000 specific summaries are at your disposal.
South african law consists of the constitution which is the supreme law of the country, legislation acts of the national and provincial legislatures, and governmental regulations, judicial precedent, the common law rules developed by previous decisions of superior courts, and rules and principles discussed in the old romandutch authorities. Labour guide your guide to labour law in south africa evidence in disciplinary hearings labour guide. Judicial notice of law of foreign state and of indigenous law 1. Mar 14, 2016 this historical event had a very essential and weighty effect on the development of the north african legal system it been an inspiring factor in many law subjects like contract law, commercial trade law, business law. Using social media as evidence in south african courts.
On 1 d t zeffertt and ap paizes the south african law of evidence formerly hoffmann and zeffertt 2009 at 385. Many of the general principles of our law come from the common. Criminal law, procedure and evidence regsterminologie. On the face of it, it seems to be a part of substantive law, but it is actually part of the law of evidence and has been received in south african law on the assumption that it forms part of the english law of evidence. It is the book that became known as hoffmann and zefjertt, although the first and second. Our statute law is always changing as new crimes are created and as old. A critical evaluation article pdf available in journal of psychology in africa 191. Jan 01, 2004 offering insight into the rich system of south african law, this title will be of particular interest to the international legal community. Labour guide south africa offers a wealth of labour law information and documentation to attorneys, companies and individuals. Willes principles of south african law ebook isbn 9780702198922. The law of evidence in south africa 1 free ebook download as word doc.
This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Basic principles is eminently suitable as a core text for students who are studying the law of evidence as a module of the llb degree, and also as a basic reference work for postgraduate students. South african law commission project 101, report on the application of the bill of right to criminal procedure, criminal law and the law of evidence and sentencing 2001 south african law commission project 106, discussion paper on juvenile justice, 1999 south african law commission project 107, discussion paper on sexual offences. Statements made, like acts done, by one of several accomplices or coconspirators in pursuance of the common design, are evidence against the others, but statements which are not made in pursuance of the common design are evidence only against the makers. The law of evidence in south africa southern african legal. With our online resources, you can find law of succession in south africa or just about any type of ebooks, for any type.
It will be of great assistance to candidate attorneys and pupils at the bar for examination preparation, and a. University of south africa a lawblog for south african. Crossexamination is an integral part of the adversarial system of law, upon which south african legal proceedings are based, and all parties must be afforded the opportunity to exercise their right to question the evidence that is advanced against them through crossexamination. How this fits into the overall degree structure as a procedural adjectival law subject, this course equips the student to apply the substantive law and law of evidence in courts and tribunals in south africa. It is hereby notified that the state president has assented to the following act which is hereby published for. Introduction fundamental principles in identifying sources. Criminal procedure module 1 a lawblog for south african. When a legal problem is not covered by statute law, you can look at the common law for an answer. All laws and state actions must be in line with the constitution. Hoffmann, lh and zeffertt, dt the south african law of evidence 1988 4th ed butterworths, burban 4. Allan boesak of the uniting reformed church are vocal supporters of gay rights in south africa. Although this database consists only of principal acts and their regulations, the law of evidence amendment act 45 of 1988 has been included as it contains substantive provisions regarding hearsay evidence.
There is no allembracing statute governing the south african law of aspects. South african common and customary law of intestate. Our constitution tell us how the state is organised. Information and testimony presented by a party in a civil or criminal action that permit conclusions that indirectly establish the existence or nonexistence of a. Lexisnexisbutterworths took pride of place in libraries of legal practitioners and students alike. A detailed description and analysis of the law of evidence in south africa. It presupposes that the student has already passed law of evidence a. For the latest pricing consult the current price list in the pocket on the reverse of this catalogue, contact juta customer services or business consultants or visit the juta law website at za. Onlangse regspraakrecent case law minister of police v m 2017 38 ijl 402 lc. Our criminal law comes from common law and from statute law. Chapter 1 introduction 1 importance of facts, definitions and classification of the law of evidence the law of. With the commencement in 1994 of the interim constitution, and in 1997 its replacement, the final constitution. Electronic publications are available from juta law business consultants and juta customer services.
When written in capital letters, law of evidence refers to the name of this module. Although customary law and indigenous law are used as synonyms in south african law, the first is preferred, since it is also the expression used in the constitution of the republic. This third edition, like the first and second, strikes a balance between the theory of the law of evidence and its practical application in a constitutional issues, the impact of these sections on the anglo south african law of evidence, and the extent to which some of them may be subject to constitutional challenges. The admissibility of real evidence in the light of the.
Prominent religious leaders have voiced their support for the south african lgbt community. Starts with some lecture notes that may be skipped. The admissibility of real evidence in the light of the constitution of the republic of south africa, 1996 by jerome wells submitted in accordance with the requirements for the degree of doctor of laws at the university of south africa supervisor. Civil proceedings evidence act 25 of 1965 south african. South african law of evidence 2nd ed by zeffertt, paizes and skeen 2009 commentary on the criminal procedure act, by du toit and others looseleaf assessment criteria for written assignments, and, with due allowance for time and other constraints, for tests and examinations. Circumstantial evidence legal definition of circumstantial. The second prescribed work, namely the criminal law case book, is, as the name indicates, a collection of the most important judgments on criminal law. Pdf south african law of evidence as it applies to the. The south african law of evidence forms part of the adjectival or procedural law of that country. Romandutch influence most visible in its substantive private law. Schwikkard, pj et al principles of evidence 2002 2nd ed juta, cape town 5. Case summaries for first semester and second semester cases included in chapter summaries.
The law of evidence in south africa reform brought by law of evidence in civil and criminal proceedings in south africa the law of commerce in south africa 2nd ed. It merged however, as the following essay will show, in its long andexciting history elements of all mentioned laws to a specific south african law. Amended by law of evidence amendment act 45 of 1988. It is refreshing, and long overdue, that a new reference book on the law of evidence in south africa. Together with course a, this course should cover all the main aspects of the law of evidence encountered in practice. An introduction to south african law reports and reporters, 1828 to 1910 jp van niekerk 1 background judicial decisions, as any first year law student knows, are one of the fundamental sources of our law. An analysis of the impact of the admission of hearsay evidence on the accuseds right to a fair trial by pete vusi mhlanga submitted in accordance with the requirements for the degree of master of laws with specialisation in criminal and procedural law at the university of south africa supervisor. View 125277256the law of evidence in south africa 1. South african common law indicates that admission by one accused against a coaccused. Administrative appeals tribunal act 1975 australia. An analysis of the regulatory environment governing. The south african law of evidence is the authoritative and comprehensive guide to the law of evidence in south africa, combining the received wisdom of the past with the imperatives of the 1996 constitution, and includes more indepth discussion of such topics as. The law of evidence in south africa 1 evidence law.
Juta 2002 670 pages soft cover r300 vat incl t here was a time, now past, when in legal practice there was really only one south african textbook on the law of evidence. The south african law of evidence paperback, 3rd edition. Common law is law that is not made by parliament or another law making body. Dissertation submitted in fulfilment of the requirements for the degree magister legum in formal law.
Using social media as evidence in south african courts pf. The south african legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a postapartheid south africa. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. Law of evidence amendment act 45 of 1988 justice laws rationalisation act 18 of 1996 general law amendment act 49 of 1996 act to state the law of evidence in regard to civil proceedings, to repeal the ordinance for altering, amending, and declaring in certain respects, the law of evidence. Up to today, the legal systems of south africa, lesotho, swaziland, zimbabwe, botswana and namibia are based on romandutch law. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. The history of south african law and its romandutch roots. Colony of natal, 1859 natal, the law to amend the law of evidence, 1870 natal, the law to provide for the production in evidence of copies, instead of originals, of public documents, 1884 natal and the presumption of death of soldiers act, 1952, to amend the law of evidence amendment act, 1861 cape, the law to make. It is refreshing, and long overdue, that a new reference book on the law of evidence in south africa has been published. Sources of the south african law of evidence and the impact of constitutional provisions chapter 3 1. Law of evidence amendment act 45 of 1988 south african. The south african law of evidence formerly hoffmann and. A practical guide court and case flow management in the south african lower court division vii t c mabas o c hief magistrate, durban chairperson of the judicial lower court management subcommittee on court and case flow management, south africa the initial court and case flow management guidelines published in 2006 was a.
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