n Without Prejudice - Hearsay evidence : the law

Volume 12, Issue 10
  • ISSN : 1681-178X



The hearsay rule is the best known of the common law exclusionary rules of evidence. Its , however, has long been the subject of debate among academics and our courts. Whether it stems from judicial distrust of witnesses or a concern about adversarial fairness, it has long been trite law that hearsay evidence is generally inadmissible in court proceedings. Ironically, however, the Law of Evidence Amendment Act (45 of 1988), does not impose a total moratorium on the introduction of hearsay evidence in court proceedings.

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