Study Unit 4 - Lecture 3

Question 1

What governs evidence law in traditional courts?

Answer 1

African customary law, per Act 38 of 1927 and GN R2082

Question 2

What happens during appeals?

Answer 2

General South African law of evidence applies

Question 3

What kind of procedure is followed in these courts?

Answer 3

Inquisitorial

Question 4

Is hearsay allowed?

Answer 4

Yes, but it has low weight alone

Question 5

What is the value of direct evidence?

Answer 5

Highly valued, especially eyewitness accounts

Question 6

Who can give evidence?

Answer 6

Any person present in court

Question 7

What if a witness can’t attend?

Answer 7

Court may postpone once or continue and postpone later

Question 8

Who makes the judgment?

Answer 8

The chief/headman and court council collectively

Question 8

What if someone refuses to answer?

Answer 8

Assumed to be hiding something

Question 9

Can a spouse testify?

Answer 9

Yes, but must be corroborated

Question 10

Are oaths taken?

Answer 10

No, and perjury does not exist.

Question 11

What if a case can’t be resolved?

Answer 11

No “absolution from instance”; the court must decide.

Question 11

What is a presumption in this context?

Answer 11

An accepted fact until disproved

Question 12

What is the role of an inyanga?

Answer 12

Provides decisive extrajudicial findings in difficult cases

Question 13

What is judicial notice?

Answer 13

Acceptance of commonly known facts without proof