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The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law. There is no all-embracing statute governing the South African law of aspects: Various statutes govern various aspects of it, but the common law is the main source. The Constitution also features prominently.
Jacobson P ‘Wealth of legal information available on the Web now, for free’ Jacobson Attorneys blog, December 2006; Kabalu A 'SAFLII Report to the Southern Africa Judges Commission'. Retrieved 2 May 2012. Montgomery J ‘Free access to primary legal documents in Southern Africa’ 15(1) Organisation of SA Law Libraries (OSALL) Newsletter ...
A statutory declaration is a legal document defined under the law of certain Commonwealth nations and in the United States. It is similar to a statement made under oath , but it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or ...
A credit reporting bureau is not off the hook if they provide your credit report for a permissible purpose by mistake, such as if they released your credit report because you have the same name as ...
Character evidence is also admissible in a criminal trial if offered by a defendant as circumstantial evidence—through reputation or opinion evidence—to show an alleged victim's "pertinent" character trait—for example, to support the defendant's claim of self-defense to a charge of homicide.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
For the meaning of "hostile witness," and the effect of a declaration of witness as hostile, see, for example, Meyers Trustee v Malan [290] and City Panel Beaters v Bana. [291] Impeachment of the credit of one's own witness is dealt with in section 190(2), and in R v Loofer [292] and S v Muhiaba. [293]
Sworn testimony is evidence given by a witness who has made a commitment to tell the truth. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury. The types of commitment can include oaths, affirmations and promises which are explained in more detail below.