Hearsay evidence south africa labour law

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR56/14 ... South African Police Services ("SAPS") at the rank of warrant officer. In 2009 ... have these transcripts admitted as hearsay in terms of the Law of Evidence Amendment Act of 1988, in the interests of justice. [7] The third respondent ("the ...Despite the fact that dealing with hearsay evidence is now encoded in section 3 of the Law of Evidence Amendment Act 45 of 1988 ('the Evidence Act"), many lay people (who present at disciplinary hearings and/or arbitrations and/or chair disciplinary hearings) and certain CCMA and Bargaining Council Arbitrators labour under the misconception that any and all hearsay evidence is inadmissible

The notion of procedural fairness has been incorporated into South African unfair dismissal law, which has been influenced by English Law, the International Labour Organisation and the rules of natural justice derived from administrative law.

May 11, 2017 · In the more recent judgment in the matter of Passenger Rail Agency of South Africa v Moreki and Others (J190/15, JR2361/16) [2017] ZALCJHB 114 (28 March 2017), the Labour Court again referred with approval to the Avril Elizabeth case. In this regard I attach the following link to an article by Cliffe Dekker Hofmeyr. The possibility that hearsay evidence can be admitted in terms of section 3 (1) (c) of the LEAA, if this is in the interests of justice, is not a licence for the wholesale admission of hearsay evidence in the proceedings. In applying section 3 (1) (c) the commissioner must be careful to ensure that fairness is not compromised. Spoliation of evidence is an act that is prohibited by American Bar Association’s Model Rules of Professional Conduct, Rule 37 of Federal Rules of Civil Procedure, and Title 18 United States Code. Sanctions for spoliation are preventative, punitive and remedial in nature. Separate tort actions are also permitted.

Sep 09, 2019 · HEARSAY EVIDENCE CAN RENDER DISMISSALS UNFAIR. by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals. At a disciplinary hearing, the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it’s hearsay.

Labour Law The Admissibility of Evidence by Statement in a Disciplinary Hearing. ... Further to this section 3 of the Evidence Amendment Act 45 of 1988 affords the Court a discretion to admit hearsay evidence, subject to taking various factors into account. ... Information Technology.Committees/ TrustsLaw Society of South Africa Information ...South African National Social Security Fund Clement Marumoagae _____ 96 Defining the content of extraterritorial human rights obligations towards African climate migrants Michelle Barnard _____ 97 The treatment of Islamic marriages in South African family law –

DA relied entirely on inadmissible hearsay evidence in the form of the PP Report 24 The PP Report was attached as annexure “JS1” to the founding affidavit (1/57-206). 25 PP Report para 11, 1/202. Adrian Bellenge're, Robin Palmer et al: The Law of Evidence in South Africa, Basic Principles. Oxford (1st edition - 2013) See also South African Law of Evidence (2nd ed) by Zeffertt, Paizes and Skeen (2009) Commentary on the Criminal Procedure Act, by Du Toit and others (looseleaf) ASSESSMENT CRITERIAThe short learning programme will equip participants with a detailed knowledge of relevant legal aspects (i.e. basic human rights, law of evidence, criminal law, law of criminal procedure, labour law and law of contract) applicable to conducting legally sustainable commercial forensic investigations in South Africa.

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The decided cases in South Africa,24 England25 and Sri Lanka26 indicate unequivocally that the exclusion of hearsay is an established principle of the law of evidence in all three jurisdictions. THE DOCTRINE OF RES GESTAE This inclusionary principle of evidentiary law limits, in some contexts, the ambit of the rule against hearsay.
The admission of hearsay evidence, evidence obtained from entrapment and the ... Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Laws in Labour Studies in the School of Law, University of KwaZulu Natal . 2014 . FACULTY OF LAW . UNIVERSITY OF KWAZULU NATAL . ii

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As a general rule of the Law of Evidence of South Africa, hearsay evidence is not admitted. Hearsay evidence is defined in section 3(4) of the Law of Evidence Amendment Act, No. 45 of 1988 (LEAA) as "evidence, whether oral or in writing, the probative value of which depends upon the credibility of any person other than the person giving such