- S v Khanyiso Sigcawu High Court Cape Town Case No A47/2021 dated 28 July 2021 (WCC)

Relevant legal provision

Section 3(1) of the Law of Evidence Amendment Act 45 of 1988 (Afrikaans: “Wysigingswet op die Bewysreg”) provides as follows:

“3. Hearsay evidence [Afrikaans: ‘hoorsê-getuienis’]

(1) Subject to the provisions of any other law, hearsay evidence shall not be admitted as evidence at criminal or civil proceedings, unless -

(a) each party against whom the evidence is to be adduced agrees to the admission thereof as evidence at such proceedings;

(b) the person upon whose credibility the probative value of such evidence depends, him- or herself testifies at such proceedings; or

(c) the court, having regard to -

(i) the nature of the proceedings;

(ii) the nature of the evidence;

(iii) the purpose of which the evidence is tendered;

(iv) the probative value of the evidence;

(v) the reason why the evidence is not given by the person upon whose credibility the probative value of such evidence depends;

(vi) any prejudice to a party which the admission of such evidence might entail; and

(vii) any other factor which should in the opinion of the court be taken into account, is of the opinion that such should be admitted in the interest of justice.

(2) to (4)…”

(Emphasis added and words in square brackets inserted by Pollex.)

Discussion
Mr Khanyiso Sigcawu alias Kaizer, the accused, was convicted by the regional court, sitting at the town of Caledon*, of murder whereupon he was sentenced to 15 years’ incarceration of which two years’ incarceration were conditionally suspended for five years.

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[This is only an extract of an article published in Pollex in Servamus: March 2022. If you are interested in reading the rest of the article, send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it. to find out what you need to do. Ed.]