n Tydskrif vir die Suid-Afrikaanse Reg - The clock turned back for the admissibility of extra curial hearsay admissions against a co-accused in criminal cases : regspraak

Volume 2014, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Hearsay evidence is generally inadmissible as evidence in criminal or civil proceedings and will be received in evidence only when it complies with the exceptions listed in section 3(1) of the Law of Evidence Amendment Act 45 of 1988 or any other legislation pertaining to the admissibility of hearsay (Schwikkard and Van der Merwe (2009) 269 291; Zeffertt and Paizes (2007) 385 417; Schmidt and Rademeyer (2000) 473 474). Extra curial (informal) admissions are admissible as evidence in civil and criminal trials. In respect of civil matters the general requirement for the admissibility of an informal admission is relevance (Schwikkard and Van der Merwe 307). Section 219A of the Criminal Procedure Act 51 of 1977 requires proof that an informal admission had been made voluntarily before it can be admitted into evidence in a criminal trial (Kruger (2014) 24-71).

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