oa Comparative and International Law Journal of Southern Africa - The rule against hearsay and the doctrine of res gestae: a comparative analysis of South African, English and Sri Lankan Law



In the jurisdictions of South African, English and Sri Lankan Law, the existing law of res gestae (hearsay) contains many inconsistencies and aberrations which can best be rectified by comprehensive statutory formulation of the scope of different ramifications of the doctrine. In the field of civil law the English Civil Evidence Act of 1968 has significantly extended the purview of exceptions to the rule against hearsay, but there has been no general relaxation of the hearsay rule in South Africa or Sri Lanka. The initiative of the legislature is timely in both countries as a means of imparting greater coherence and symmetry to the law.


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