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LEV3701 Assignment 01 Semester 2
Law of Evidence (University of South Africa)
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Assignment 01
Second semester
LEV3701
Sandile Blessing Bengu
56141726
1.1 Hearsay is evidence, whether orally or in writing, the probative value or which depends
upon the credibility of any person other than the person giving such evidence. 1 The
statements would qualify as hearsay evidence. Hearsay is generally inadmissible because
it is not reliable, but certain exceptions are admissible in terms of Section 3(1) of the Law
of Evidence Amendment Act, 45 of 1988:
i) Each party against whom the evidence is to be adduced agrees to its admission.
ii) The person upon whose credibility the probative value of the hearsay evidence
depends testifies during the proceedings.
iii) The court, having regard to various factors, is of the opinion that such evidence
should be admitted in the interests of justice.
1 Law of Evidence Amendment Act, 45 of 1988.
This study source was downloaded by 100000845738910 from CourseHero.com on 04-23-2022 07:01:02 GMT -05:00
https://www.coursehero.com/file/100359561/lev3701-assignment-01-semester-2pdf/
Downloaded by Sean Boon ()
LEV3701 Assignment 01 Semester 2
Law of Evidence (University of South Africa)
This study source was downloaded by 100000845738910 from CourseHero.com on 04-23-2022 07:01:02 GMT -05:00
StuDocu is not sponsored or endorsed by any college or university
https://www.coursehero.com/file/100359561/lev3701-assignment-01-semester-2pdf/
Downloaded by Sean Boon ()
, lOMoARcPSD|4513145
Assignment 01
Second semester
LEV3701
Sandile Blessing Bengu
56141726
1.1 Hearsay is evidence, whether orally or in writing, the probative value or which depends
upon the credibility of any person other than the person giving such evidence. 1 The
statements would qualify as hearsay evidence. Hearsay is generally inadmissible because
it is not reliable, but certain exceptions are admissible in terms of Section 3(1) of the Law
of Evidence Amendment Act, 45 of 1988:
i) Each party against whom the evidence is to be adduced agrees to its admission.
ii) The person upon whose credibility the probative value of the hearsay evidence
depends testifies during the proceedings.
iii) The court, having regard to various factors, is of the opinion that such evidence
should be admitted in the interests of justice.
1 Law of Evidence Amendment Act, 45 of 1988.
This study source was downloaded by 100000845738910 from CourseHero.com on 04-23-2022 07:01:02 GMT -05:00
https://www.coursehero.com/file/100359561/lev3701-assignment-01-semester-2pdf/
Downloaded by Sean Boon ()
