evidence Archives | Insights into The Law in South Africa

Practical steps for the handling and presentation of evidence

The correct investigation, gathering and analysis of evidence is important for ensuring that justice is served and it is incumbent upon frontline law enforcement professionals to process and manage evidence correctly in order for it to hold up in court. The South…

Provided By LexisNexis

A question of character – Contraventions of the Competition Act

In the recent case of Competition Commission v Irvin and Johnson Limited and Karan Beef (Proprietary) Limited (the I&J case) the Competition Tribunal (Tribunal) has reiterated...

by Lara Granville, Preanka Gounden and James Wewege

A question of character – Contraventions of the Competition Act

Applied Law for Police Officials 5e (Multimedia eBook)

About this publication Applied Law for Police Officials fifth edition equips police officials with the necessary knowledge and understanding to uphold the law and protect South African citizens to fulfil their duties in accordance with the Constitution. In order…

Provided By Juta

State Capture Inquiry Regulations amended

The Regulations of the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State have been...

by Sabinet

Anaesthesia malpractice – When and how to claim

Injuries and deaths due to anaesthesia malpractice are alarmingly high in South Africa. What constitutes malpractice? Even when anaesthetic is properly administered, complications can occur. However, it constitutes...

by DSC Attorneys

Guidelines for disciplinary hearings in the workplace

Employers need to ensure that they follow a procedurally and substantively fair process when conducting a Disciplinary Hearing. Employees also need to be aware of...

by Jared Poole

Disrobed – Digital labour proceedings during the lockdown

Since 1995, South Africans have become accustomed to life under a constitutional democracy. The Constitution of the Republic of South Africa, 1996 is the supreme...

by Juta

Can a court hear evidence via video conferencing?

In the matter of MK and TRANSNET LTD t/a PORTNET, heard by the Kwazulu-Natal Local Division of the High Court under case number A105/2004, Mbatha...

by Roy Bregman

Can a court hear evidence via video conferencing?

Legal Terminology (trilingual edition) – Criminal Law, Procedure and Evidence

Legal Terminology (trilingual edition) Criminal Law, Procedure and Evidence Isigama Sasemthethweni: Umthetho Wolwaphulo-Mthetho, Wenkqubo Nobungqina Regsterminologie: Straf-, Strafproses- En Bewysreg About this publication: Legal language, or ‘legalese’…

by Juta

How important is your expert witness?

You are heading off to a lecture room, excited to attend this particular lecture as it is taught by your favourite Professor who has a...

by Bernard Dippenaar

LAC confirms that disciplinary charges are not criminal charges

Employers’ disciplinary processes and procedures are often steeped in formalism and contain elements of a criminal prosecution. Procedures such as these are not what is...

by Neil Coetzer

LAC confirms that disciplinary charges are not criminal charges

Admitting hearsay evidence: The legal principles

Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is...

by Hlengiwe Mahlangu

Admitting hearsay evidence: The legal principles

Tightening up on tacit terms

The courts have recently reaffirmed the restrictive scope of reading tacit terms into written contracts. A notable example of this is the Supreme Court of...

by Yaniv Kleitman and Taryn Jade Moonsamy

How can blockchain benefit the legal profession?- Upcoming event

Blockchain is one of the many hyped up buzzwords of our times. Everywhere you go, people interject it into their talk and strategies or features....

by Kristi Erasmus and Jackie Nagtegaal

Evidence obtained unlawfully from Facebook – Does it infringe the right to privacy?

In the recent case of Harvey v Niland 2016 (2) SA 436 (ECG), the applicant, Mr Harvey, and the first respondent, Mr Niland, were the...

by Brian Kahn Inc Attorneys

Evidence obtained unlawfully from Facebook – Does it infringe the right to privacy?

Anton Piller: Not a fishing expedition

The Anton Piller order is an extraordinary thing. It’s essentially an evidence-preserving legal mechanism. It allows a party that feels that their rights are being...

by Gaelyn Scott

What you should know before monitoring employees’ emails

In today’s world, it is virtually impossible to conduct business without using some form of electronic communication. Many employers provide electronic resources such as e-mail...

by Rosalind Davey and Rovina Asray

What you should know before monitoring employees’ emails

Bite your tongue! Is evidence given before the CCMA privileged?

Witnesses giving evidence before the Commission for Conciliation, Mediation and Arbitration (“CCMA”) should take care when making statements that may expose them to defamation claims. This...

by Qaqamba Moeletsi

Bite your tongue! Is evidence given before the CCMA privileged?

Of leaves & forests – Enablement under South African patent law

“Where does a wise man hide a leaf? In a forest.” So begins the Supreme Court of Appeal’s judgment in the matter of Merck Sharpe and...

by Alexis Apostolidis

Tag: evidence