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Factual witnesses

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Failing to call key factual witnesses can lead to adverse inferences being drawn

Photo of Sanam Hannuman
By Sanam Hannuman on April 16, 2025

In March 2025, the High Court reaffirmed the well-established principle that the failure to call a key witness in litigation may result in adverse inferences being drawn against the party who elects not do so.

In this case, the claimant instituted an action for damages against a security services company following an incident in which…

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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