Law of Evidence Amendment Act 45 of 1988

The Law of Evidence Amendment Act modernized the law of evidence in South Africa by replacing common law rules with statutory provisions. Enacted in 1988, it addresses admissibility of evidence, hearsay, confessions, admissions, and the competency of witnesses. The Act has been supplemented by the Criminal Procedure Act and constitutional jurisprudence.

Legal area: Law governing the admissibility, relevance, and proof of facts in legal proceedings.

Year enacted: 1988

Full text: https://www.gov.za/documents/south-africa-law-of-evidence-amendment-act-45-of-1988

Key Provisions

• Section 3: Admissibility of evidence in civil and criminal proceedings
• Section 5: Expert evidence requirements
• Section 9: Hearsay evidence admissibility under certain conditions
• Section 205: Confessions and statements by accused persons
• Section 213: Competency of witnesses
• Section 219: Proof of official documents

Significance

The Law of Evidence Amendment Act was significant in codifying previously common law rules of evidence. Constitutional developments, particularly the admissibility of evidence obtained in violation of fundamental rights under Section 35(5) of the Constitution, have further modified the evidentiary framework.