Substantive law provides for rights and duties whereas adjective law provides procedural
mechanisms for their enforcement.
The distinction is not always clear as adjectival law may also provide for rights and
Previous consistent statement - Previous statement of a witness on some occasion prior to testifying
and which corresponds with or is similar to his testimony in court.
Previous consistent statements are irrele
There are two primary categories of character evidence:
1) general reputation.
2) a persons disposition to think or act in a particular way.
English common law preferred the former as a means of establishing character. In mo
S210 of the Criminal Procedure Act provides that no evidence as to any fact, matter or thing shall be
admissible if irrelevant or immaterial and if it cannot conduce to prove or disprove any point or fact at
The law of evidence is that branch of adjectival law which regulates the proof of fact. The main
functions of the law of evidence are:
determine what facts are legally receivable to prove the facts in issue.
The rule is that a witness cannot be compelled to answer a question if the answer would expose him
or her to a criminal charge, penalties or forfeiture. It forms part of the
By saying that is an opinion one is saying that the point is a matter on which doubt can reasonably
exist. An opinion can therefore be contrasted with facts as facts just are while there may be differing
opinions on the same m
The rule is that relevant evidence may be excluded on the ground that its admission would be against
public policy or be harmful to the public interest.
It therefore deals with the public interest as opposed to the private
Similar fact evidence is evidence of facts similar to the facts in issue. They are facts directed at
showing that a party to the proceedings has behaved on other occasions in the same way as he is
alleged to have acted in th
S35(5) of the constitution deals broadly with the issue of unconstitutionally obtained evidence. 1 This
section deals with the balancing of the interests of the individual in protection against illegal polic
This era had negligible influence.
In 1830 ordinances were adopted which essentially incorporated the English law of evidence into
South Africa. Due to
Facts in issue (facta probanda) are essential facts which must be proven in order for a party to
succeed. They are generally determined by substantive law
Facts relevant to the fac