| The technique involved in working with fact
About this online course
This course is not merely about the rules of evidence. It is about how you can effectively apply the rules in a trial, and even in motion proceedings. It will assist you with practical, tested techniques on how to present evidence in a manner that will persuade a judge to find in your favour.
The course will also assist you with relevant skills, from taking instructions to presenting evidence in court and the presenter will teach you what not to do. A practical manual is distributed to all attendees and is intended to serve as a reference point when completing their work. A new section is added on how judges evaluate evidence, a useful guide for trial lawyers.
The programme will include:
The technique involved in working with fact:
· Gathering facts (evidence) through investigation.
· Fact analysis.
· Sequencing of facts and documents.
· How to relate the facts to your case concept, cause of action and the applicable law.
· Relevance.
· Admissibility.
o Weighing probabilities in finding of fact.
o How to make finding of fact.
o Followed by drawing inferences of fact.
o How those inferences are used to discharge the onus.
· How to treat
o common cause facts;
o undisputed facts;
o disputed facts; and
o admitted facts.
o how to obtain admissions of material facts from your opponent.
· Definition of ‘evidence’. The function of rules of evidence.
· The types of evidence
o direct evidence;
o indirect evidence;
o evidence of credibility;
o supporting evidence; and
· What is ‘onus of proof’ and how to apply it, including the application of the rules regarding onus and discharge of onus (evidentiary burden).
· Applying the rules of evidence
o at common and statutory law;
o admissibility;
o rules against hearsay; and exceptions to the rules against hearsay; and
o the Law of Evidence Amendment Act.
· Making findings of fact –
o prima facie as well as conclusive proof;
o rebuttal;
o standards of proof;
o making assessments of credibility and reliability;
o is demeanour relevant; and
o how judges evaluate evidence to make findings of fact.
· Introduction to obtaining and preserving evidence in search and seizure applications.
o Impact of the digital world –
o application of the Electronic Communications and Transactions Act 25 of 2002.
o discussion of recent case law and developments.
o the rules relating to electronic evidence (providing proof in court).
o electronic evidence, accessible and inaccessible data.
o access to databases.
o search and seizure orders in an electronic environment, seizure of electronic data, including preservation orders and electronic interception and search warrant conditions.
o electronic service and filing.
o e-discovery and the discovery process.
o electronic signatures and data messages, and
o documents in the digital environment and proof in court.
o how to prove electronic documents where the metadata is lost.
Presenter
Ismail Hussain SC is a former Judge of the High Court and Competition Appeal Court. He has been a highly popular LEAD trainer for many years. Mr Hussain SC is an expert in commercial drafting, opinion writing, litigation, and case management. He is also a published author. He is a Professor of law at Nelson Mandela University
What previous attendees said
· This was a brilliant discussion, brutally addressing the fallacies in which those who practise often find comfort. An excellent course present by an excellent jurist.
· The course was highly beneficial for an upcoming lawyer such as me. It can be daunting dealing with difficult opponents and judges who do not understand the rules and this course has made it clearer.
· Excellent course, a must for every trial attorney and a recap often.
· Very practical and useful. Excellent reference to sources to be looked up.
· Overall, an excellent course. Judge Hussain’s generosity in sharing his experience and wisdom is commendable. I feel very enriched having attended this course.
· Quite simply excellent – and i have attended a few courses in my time. This was the best to my mind.
· I wish we had access to this level of training when I did my articles in 1992.
Date
14 & 15 April 2026 | 13:00 -+ 16:00
Closing date for registrations: 13 April 2026
Certification
All sessions are mandatory to qualify for a certificate.
Who should register?
· Legal practitioners,
· Candidate legal practitioners,
· Corporate counsel,
· State legal advisors and
· Academic legal practitioners
Registration
Registration fee categories (including VAT):
Practising legal practitioners and other staff from firms: R1 800 per person.
Non-practising legal practitioners/others: R2 700 per person.
Banking details
LSSA banking details: Account name: Law Society of South Africa | Bank: FNB Pretoria | Branch code: 251445 | Account no: 6200 9641 079 | Reference: ROE, Surname, Initials
How to register
Kindly note that registrations are done online. For certification purposes, participants should register individually, using their own email address. This will enable the system to generate a unique username and password for each person.
STEP 1:
Payment should be made by electronic funds transfer (EFT) only. You are required to upload the proof of payment (PDF) in step 2 – (Online registration form). Should an invoice be required to effect payment, replace the proof of payment document with a note (Word) requesting an invoice.
STEP 2:
CLICK HERE TO REGISTER
STEP 3:
After submitting your registration, you will receive a system-generated confirmation email.
If you do not receive it, please contact Bettie Lubbe.
For more information about this course contact Bettie Lubbe:
Email: Bettie@LSSALEAD.org.za | Tel No. 012 441 4670
TERMS & CONDITIONS
Webinar/Online Course Access Policy
Please read before registering:
Our webinars/online courses are licensed for individual use only. By registering, you agree to the following terms:
· One registration = one attendee. Group viewing or sharing access is not allowed.
· Accessing the webinar using generic or ambiguous identifiers like boardrooms, meeting rooms, or under a firm/Company name is not permitted
· Attendees must join, using their full name as provided during registration
· Sharing access links or allowing others to join under your registration is strictly prohibited. It is a violation of our policy and professional ethics and may result in access being denied or revoked without refund.
Key information
· The LSSA is not liable for payments made into the incorrect bank account.
· The course is presented in English only.
· The course will be delivered via MS Teams. Please install the application before the course begins.
· In line with company policy and copyright laws, recordings and PowerPoint presentations will not be shared and are not included in the course fee. Unauthorized recording or transcription is strictly prohibited.
· Course materials and MS Teams link(s) will be emailed approximately 24 hours before the course.
· Check your junk folder if you do not receive the email.
· If still not received, contact Bettie Lubbe at Bettie@LSSALEAD.org.za.
· Test your link(s) upon receipt.
· Cancellations must be submitted in writing before the course material and link(s) are sent. No cancellations will be accepted thereafter. Non-attendance or late cancellation will result in the forfeit of fees.
· LSSA/LEAD may cancel or postpone a course if there is insufficient demand. In such cases, delegates will be informed and fully refunded. |
