Recent Case: Evidence

JurisdictionSouth Africa
Citation(2010) 23 SACJ 149
AuthorLirieka Meintjes-Van Der Walt
Published date16 August 2019
Pages149-159
Date16 August 2019
Evidence
LIRIEkA MEINTJES-VAN DER WALT
University of Fort Hare
Admissibility of hearsay evidence — oral statements made
to others — witness dies before commencement of trial
Introduction
The rationale for the rule excluding hearsay evidence in court is based
on the fact that statements that are not to the advantage of other
parties should be made under circumstances where such assertions
can be tested. The usual safeguard against the risks of hearsay is to
have statements in court to be tendered under oath; in open court and
subject to cross-examination.
In South Africa there is no blanket rule against hearsay and where
the prosecution, for example, wishes a statement or oral hearsay to
form part of the record and be admitted into evidence by the court, the
State will have to comply with s 3(1) of Law of Evidence Amendment
Act 45 of 1988, which provides as follows:
Recent cases 149
(2010) 23 SACJ 149
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