Evidence Rules

Question 1

Section 35(5) of the Constitution?

Accepted Answer

Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if its admission would render the trial unfair or otherwise be detrimental to the administration of justice. (Source: Constitution, s 35(5))

Question 2

Which Act defines hearsay and governs its admission?

Accepted Answer

The Law of Evidence Amendment Act 45 of 1988, s 3. (Source: Act 45 of 1988, s 3)

Question 3

S v Zuma 1995 — held?

Accepted Answer

The reverse onus in s 217(1)(b)(ii) of the Criminal Procedure Act (presuming confessions voluntary) violated the right to a fair trial. (Source: 1995 (2) SA 642 (CC))

Question 4

Standards of proof in criminal and civil matters?

Accepted Answer

Criminal: beyond reasonable doubt. Civil: on a balance of probabilities. (Source: Common law)

Question 5

Which Act governs criminal procedure?

Accepted Answer

The Criminal Procedure Act 51 of 1977. (Source: Act 51 of 1977)

1.Section 35(5) of the Constitution?

2.Which Act defines hearsay and governs its admission?

3.S v Zuma 1995 — held?

4.Standards of proof in criminal and civil matters?

5.Which Act governs criminal procedure?