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2024
PBL4801F EVIDENCE
Course Outline
Course Convenor: PJ Schwikkard (pamela.schwikkard@uct.ac.za) Room 6.02
Tutors: Wilson Nkwanui Fongong (Wilson.nkwanuifongong@uct.ac.za)
Jordan Murray (MRRJOR003@myuct.ac.za)

This course has both a knowledge and skills component. The first aim of the course
is to ensure that you have a general understanding of the principles underlying the
Law of Evidence. These principles pertain to the different modes of producing
evidence, the testing of the relevancy of evidence and the application of the relevant
rules regulating the proof of facts in a court of law. You will be required to critically
consider the policies, rationale and ethical considerations underlying the relevant
rules. The second aim of the course is to equip you with the skills of identifying the
pertinent issues from a set of facts and to be able to develop cogent legal arguments.
The skills component of the course is pursued largely through requiring you to
analyse various statements contained in the “FILE”. (You will find the “FILE” on
the first Vula Lessons tab )

Prescribed text
Schwikkard & Mosaka Principles of Evidence 5 ed (2023) POE

Recommended text
Zeffertt & Paizes The South African Law of Evidence 3 ed (2017) SALE

Where relevant, you will be directed to further readings on the weekly vula lessons
tabs.

Assessment
This course has a year mark of 40% allocated to it. It will be calculated on the basis
of marks awarded to each tutorial submitted on time.

Tutorial one 10% to be submitted before 8 am on 11 March

Tutorial two 15% to be submitted before 8 am on 22 April

Tutorial three 15% to be submitted before 8 am on 6 May

If you choose not to submit a tutorial the weight of your year mark will be adjusted
accordingly. In other words there will be no direct penalty for not submitting.
However, it would be extremely foolish not to hand in ALL three tutorials timeously.
For the following reasons. You will get the most benefit from your tutorials and be
better prepared for your exam. The greater the weight of the exam the greater
pressure you will experience at mid-year. One question in the exam will be based on
one of the tutorials.
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A student who submits a tutorial timeously but gets a mark of less than 50% will be
given an opportunity to revise and resubmit in order to obtain a mark of 50%. This
is to ensure that a student who engages in the learning opportunity provided by
submitting a written tutorial will not be prejudiced going into the exam. (The revise
and resubmit mark is capped at 50%.)

Evidence tutorials will be held during the following weeks: 11/03-15/03; 22/04-
26/04; 06/05-10/05.
Participation in tutorials is essential. Those who intend submitting the tutorial for
marks must do so by 8 am on the Monday of the week that the Evidence tutorial is
being held. This is because the answers will be discussed in the tutorial. NO LATE
SUBMISSIONS (FOR WHATEVER REASON) WILL BE ACCEPTED. THIS
RULE WILL BE STRICTLY ENFORCED. It is strongly recommended that you
submit the tutorial well before 11am to avoid any last minute technical glitches.

The tutorial questions and readings will be posted under the Vula Lessons Tab. You
are encouraged to engage with the question well before the due date of submission.

Lecture preparation
This course outline indicates: the topic to be considered each week and the readings
relevant to the specified topic.

Lecture notes on the weekly topics will be posted at least one week in advance on
Vula Lessons. You are required to actively engage with these notes, read the cases
marked ‘MUST READ’ and attempt to answer the weekly questions appearing on
the corresponding Vula Lessons Tab. The answers to these questions will be
discussed during lectures. Optimally you should also read the corresponding
chapters in either the prescribed or recommended text.

It is important that you are familiar with the contents of the “FILE”. These
statements provide the context in which you will learn to apply the rules of evidence.
They will frequently be used for the purposes of assessment. Please see the FILE
under the first vula lessons tab. See also an attachment to this outline: ‘simplified
anatomy of a trial’ this may assist you imagining the context in which the rules of
evidence arise. You are encouraged to find an opportunity to sit in on a trial during
the vacation.

WEEKLY TOPICS AND READING

WEEK ONE: INTRODUCTION

Introduction
Reading: POE chapters 1-4/ SALE 1
The “FILE”

Standard and burden of proof and evidential duties

Reading: POE chapters 31-32/SALE 2-3
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WEEK TWO: PROOF WITHOUT EVIDENCE

Formal admissions
Reading: POE chapter 26/ SALE 24.12.3

Judicial Notice
Reading: POE chapter 27/ SALE 23

Presumptions
Reading: POE chapters 28-29/ SALE 6

WEEK THREE: ADMISSIBILITY OF RELEVANT EVIDENCE

Relevance and admissibility

Reading: POE 5/ SALE 7

Opinion evidence
Reading: POE chapter 8/ SALE 10

Previous consistent statements

Reading: POE chapter 9/ SALE 14

WEEK FOUR: ADMISSIBILITY OF RELEVANT EVIDENCE CONT.

Character
Reading: POE chapter 6/SALE 8

Similar fact evidence

Reading: POE chapter 7/ SALE 9

WEEK FIVE: EXCLUSION OF RELEVANT EVIDENCE

Private privilege
Reading: POE chapter 10/ SALE 17

State privilege
Reading: POE chapter 11/ SALE 19

WEEK SIX: PUBLIC HOLIDAY

WEEK SEVEN: UNCONSTITUTIONALLY OBTAINED EVIDENCE

Reading: POE chapter 12/ SALE 18

WEEK EIGHT: HEARSAY

Reading: POE chapters 13-5/ SALE 13

WEEK NINE: INFORMAL ADMISSIONS & CONFESSIONS

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Reading: POE chapters 16-17/ SALE 16

WEEK TEN: ORAL, REAL, DOCUMENTARY AND DATA MESSAGES

Oral
Reading: POE 18

Real
Reading: POE 19/ SALE 22

Documentary
Reading: POE 20/ SALE 21

Data Messages
Reading: POE 21

WEEK ELEVEN: WITNESSES

Reading: POE 22-25/ SALE 24

WEEK TWELVE: EVALUATION

Reading: POE 30/ SALE 25

PLEASE REFER TO THE VULA LESSONS TAB FOR YOUR TUTORIAL

TOPICS AND THE “FILE” (THE LATTER IS ATTACHED TO THE
COURSE OUTLINE).