De Rebus → Issues → Archive 2014 → The Law of Evidence in South Africa

The Law of Evidence in South Africa

February 1st, 2014
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By Adrian Bellengère & Robin Palmer (Eds)
Cape Town: Oxford University Press (2013)
1st edition Price: R 429.95 (incl VAT)
494 pages (soft cover)

For many decades The South African Law of Evidence (­formally Hoffmann and Zeffertt) (Durban: LexisNexis/Butterworths) took pride of place in libraries of legal practitioners and ­students alike. It is refreshing, and long overdue, that a new reference book on the law of evidence in South Africa has been published.

The 12 esteemed authors who are legal academics and practitioners, ably supported by researchers from the University of Kwa-Zulu Natal, found a way to succinctly and effectively provide a comprehensive and up-to-date work for the legal fraternity.

The authors have cleverly combined their expertise to clarify a subject that is extremely complex to understand for both students and practitioners. The law of evidence is extensive.  However, this textbook has been created in such a way that the reader is able to navigate through it with ease.

The work has been separated into nine discernible parts. The parts, in turn, have been divided into chapters. Most chapters begin with succinct introductions directing the reader to the subject matter, followed up by a summary of the essence of the chapter. This is a very useful, time-saving, and innovative tool for those that do not have sufficient time to read the chapter in depth. The font and layout are simple and makes the reading easy.

The content covers –

  • the brief history and sources of the South African law of evidence;
  • the impact of the Constitution;
  • basic concepts;
  • kinds of evidence;
  • methods of presentation of evidence;
  • rules of trial;
  • evaluation of evidence;
  • rules for excluding evidence;
  • special evidentiary procedures; as well as
  • contemporary issues that have previously not been explored, such as scientific truth verification that encompasses DNA testing, blood typing, fingerprints, body prints, polygraphs, voice stress analysis, digital and computer based forensic issues, and brain fingerprinting.

The notable features of the book include key terms and concepts, discussion boxes, diagrams, chapter in essence, glossary, and bibliography. The references are sourced from recognised authorities only and well-known case law and the footnotes make for easier researching should the reader wish to explore the topic or seek further explanation.

Although the authors have directed this reference work to students, I highly recommend that this book be purchased and regularly used by students and legal practitioners alike, to keep them abreast of the developments in this area that are often ignored or misunderstood in practice.

Anwar Bhayat is an attorney at AY Bhayat in Johannesburg.

This article was first published in De Rebus in 2014 (Jan/Feb) DR 56.

 

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