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. This course 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 tell 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.
The programme will include:
The technique involved in working with fact:
Gathering facts (evidence) through investigation.
Sequencing of facts and documents.
Weighing probabilities in finding of fact.
How to treat –
common cause facts;
disputed facts; and
Definition of ‘evidence’
The function of rules of evidence.
The types of evidence –
evidence of credibility;
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 –
at common law;
at statutory law;
rules against hearsay;
exceptions to the rules against hearsay; and
The Law of Evidence Amendment Act.
Making findings of fact –
prima facie proof;
standards of proof; and
making assessments of credibility and reliability.
Introduction to obtaining and preserving evidence in search and seizure applications.
Impact of the digital world.
Application of the Electronic Communications and Transactions Act 25 of 2002.
Discussion of recent case law and developments.
The rules relating to electronic evidence (providing proof in court).
Electronic evidence, accessible and inaccessible data.
Access to databases.
Search and seizure orders in an electronic environment, seizure of electronic data, including preservation orders and electronic interception and search warrant conditions.
Electronic service and filing.
E-discovery and the discovery process.
Electronic signatures and data messages.
Documents in the digital environment and proof in court.
Ismail Hussain SC is a former Judge of the High Court and Competition Appeal Court. He has been a highly popular Legal Education and Development (LEAD) trainer for many years. Mr Hussain SC is an expert in commercial drafting, opinion writing, and litigation and case management. He is also a published author and a Professor of Law at Nelson Mandela University.
19 April 2021 : 12:00 – 15:00 (Two and half hours presentation and 30 minutes for questions)
20 April 2021 : 12:00 – 15:00 (Two and half hours presentation and 30 minutes for questions)
Closing date for registrations: 15 April 2021
Certification All sessions are mandatory to qualify for a certificate.
Who should register?
Legal practitioners, corporate counsel, state legal advisors and academic legal practitioners
Registration fee categories (including VAT):
• Practising legal practitioners and other staff from legal firms: R 1 260 per person.
• Non-practising legal practitioners/others: R 1 950 per person.
How to register
Kindly note that you can only register online and that there will be a limit on the number of delegates attending. Participants should be registered individually to enable the system to generate a unique username and password for each person.
Payment should be made by electronic funds transfer (EFT) only. Remember to upload the proof of payment (PDF) in step 2(Online registration form)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
Once you have successfully registered to participate, you will receive a system generated confirmation email that we have received your registration documentation. A day or two before the webinar starts, you will receive an e-mail with the link to the webinar (Microsoft Teams) as well as your webinar material. Read the instructions in the e-mail carefully and test your link (Microsoft Teams) to the webinar page at least 40 minutes before it starts.
For more information about this webinar contact Bettie Lubbe: