Tag archives: Evidence

Hot tub expert evidence catching on

By Patrick Bracher (ZA) on August 16, 2020 Posted in General

Evidence of experts in dispute hearings can be dealt with efficiently by using the ‘hot tub’ method to deal with disputes issue-by-issue rather than expert-by-expert: The parties decide between them what remaining issues have to be resolved by expert evidence and the list is given to the experts to deal with. The experts for all … Continue reading

Evidence relating to a contract: contradicting versus interpreting the terms

By Siyabonga Mathe on April 21, 2020 Posted in General

Where a contract has been reduced to writing the writing is regarded as the exclusive embodiment of the transaction and no extrinsic (parol) evidence which would have the effect of contradicting, altering, adding to or varying the written contract may be relied on. This is referred to as the parol evidence rule. The inadmissibility of … Continue reading

Deciding between mutually destructive versions of oral agreement

By Hishaam Khan and Donald Dinnie on April 19, 2020 Posted in General

Where there are mutually destructive versions of an oral agreement, a court will side with the version which is more probable considering the circumstances. The credibility of witnesses, including whether their evidence is coherent and consistent, will be taken into account. The applicant in Meintjies v Annandale and another, an owner of an accounting business … Continue reading

Presenting your evidence in the small claims court

By Donald Dinnie on September 8, 2019 Posted in General

The small claims court resolves matters speedily, inexpensively and informally. Whether you are the claimant (plaintiff) or the party opposing the claim (the defendant), you must conduct your own case in court without legal representation. Here are some tips on dealing with your small claims court case. Proceedings are inquisitorial so the commissioner plays an … Continue reading

Criminal or delictual conduct must be proved on tested evidence

By Patrick Bracher (ZA) on May 24, 2015 Posted in General

The Appeal Board of the Financial Services Board recently emphasised that findings of criminal or delictual conduct are only made by courts and lesser tribunals following hearings at which evidence is heard and tested by cross-examination. If decision-makers such as the registrar of short-term insurance have to consider whether wrongful conduct of that kind has … Continue reading