Law of evidence

Legal forensic education: Crossing the divide between law and science

By Dr Tapiwa Shumba In an adversarial system such as ours, the administration of justice relies heavily on the acumen and knowledge of legal representatives. This insight is dependent on […]

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‘Beware the hired gun’

Are expert witnesses unbiased? By Henry Lerm More than a century and a half ago, judges started complaining about the lack of independence and objectivity when hearing expert evidence. That […]

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SCA rules that e-mail contract cancellation legal

By Nomfundo Manyathi-Jele In Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash and Another (SCA) (unreported case no 725/13, 21-11-2014) (Cachalia JA) the Supreme Court of Appeal […]

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Knock out!

Stand your ground or self-defence? By Sherika Maharaj In the United States (US), ‘stand your ground law’ removes a duty to retreat from the elements of self-defence. It exists in […]

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Public interest versus the interest of justice

By Mahlodi Sam Muofhe Judge Thokozile Masipa has pronounced her sentencing in a trial that has gripped the country since the events which took place on Valentine’s Day in 2013, […]

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The rise of the machines – understanding electronic evidence

By Michel O Takombe In recent years, technology has revolutionised the way we communicate, the way business is transacted and ultimately the way lawyers practise law. The advancement of technology […]

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Forensic science: The coming paradigm shift

By Claire Lewis and Cesarina Edmonds-Smith The field of forensic science, like many others, is continually changing and improving. The current evolution is in the form of a much-needed paradigm […]

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Sugar-coating guilt: Admission of guilt fines – no easy fix

By Dr Llewelyn Curlewis The Western Cape High Court delivered a judgment in the matter of S v Tong 2013 (1) SACR 346 (WCC) on 7 September 2012. The matter […]

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Factual causation: One size does not fit all

By Jerome Veldsman The judgment of Lee v Minister for Correctional Services 2011 (6) SA 564 (WCC) may be an opportunity missed by both the Supreme Court of Appeal (SCA) […]

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Completed cross-examination

By Michael Miller A pre-requisite for a fair trial? A litigant in both civil and criminal law proceedings has a right to cross-examine any witness called by the other side […]

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