Book review - Principles of evidence 2nd ed

• Published date: 24 May 2019
• Date: 24 May 2019

B

OOK REVIEW

Principles of Evidence

2nd ed (2002)

by PJ Schwikkard and

SE van der Merwe

Juta. 2002. 596 pp. Price R300,00

ISBN: 0-7021-6069-5

LIRIEKA MEINTJES-VAN DER WALT

Rhodes University, Grahamstown

In the preface the authors state that they ‘attempted to maintain a balance

between the theor y of law of evidence and its practical application’ and

they express the hope that the ‘second edition will be of assistance to

both students and practitioners’.

Principles of Evidence

(1997) was the f‌i rst book on evidence in South

Africa which seriously grappled with the evidentiary consequences of

the Interim Constitution (1993) and subsequently the Constitution of

South Africa Act 108 of 1996. Since this f‌i rst edition in 1997,

Principles

of Evidence

has been an important addition to the development and

stimulation of evidence scholarship in South Africa.

This text is based on the authors’ wide knowledge of theory and practice.

Concepts are explained in a crisp and accessible way. It is indeed primarily

a student text, but the busy practitioner will be well advised always to

have a copy of

Principles

in his or her briefcase in court.

The book explains and analyses cases and statutes that comprise the

area of evidence law in South Africa, but the analysis takes place within the

context of current evidence scholarship and practice. References to other

jurisdictions where these can assist in the interpretation of the common

law or sections of legislation are also included.

Many books on evidence deal with rules that grew up in the shadow of

the jury and in many instances the approach is that this is the essence of the

law of evidence. This reviewer proceeds from the premise encapsulated in

the words of William Twining when, in his collection

Rethinking Evidence

(1994:155), he states:

203

(2005) 18 SACJ 203

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