KEY series are the topics that have been identified as focussing on key areas affecting legal practitioners today
and should not be missed

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.
  • Weighing probabilities in finding of fact.
  • How to make finding of fact.
  • Followed by drawing inferences of fact.
  • How those inferences are used to discharge the onus.
• How to treat
  • common cause facts;
  • undisputed facts;
  • disputed facts; and
  • admitted facts.
  • how to obtain admissions of material facts from your opponent.
• Definition of ‘evidence’. The function of rules of evidence.
• The types of evidence
  • direct evidence;
  • indirect 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 and statutory law;
  • admissibility;
  • rules against hearsay; and exceptions to the rules against hearsay; and
  • the Law of Evidence Amendment Act.
• Making findings of fact –
  • prima facie as well as  conclusive proof;
  • rebuttal;
  • standards of proof;
  • making assessments of credibility and reliability;
  • is demeanour relevant; and
  • how judges evaluate evidence to make findings of fact.
• 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, and
  • documents in the digital environment and proof in court.
  • 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
11 & 12 June 2025: 13:00 – 16:00

Closing date for registrations: 10 June 2025

Note: Kindly note that this training might run over the scheduled time.  Please do not arrange any other appointments for at least 30 minutes after the scheduled closing time.

Certification
All sessions are mandatory to qualify for a certificate.

Legal practitioners, candidate 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: R1 650 per person.
•    Non-practising legal practitioners/others: R2 500 per person.

Kindly note that registrations are done online. Participants should register individually, using their own email address, to enable the system to generate a unique username and password for each person.

CLICK HERE TO REGISTER 

Email: Bettie@LSSALEAD.org.za | Tel No 012 4414670

• The LSSA will not accept liability for fees not paid into the designated LSSA bank account.
• The course will be conducted in English only.
• The course will be delivered via MS TEAMS. Please ensure MS TEAMS is installed on your computer before the course begins.
• In compliance with company policy and copyright regulations, no recordings or PowerPoint presentations will be made available after the course.
• Course materials and the course link will be sent to you via email approximately 24 hours before the course begins.
• Please test the links as soon as you receive them. If you do not receive the email, check your junk mail folder. If it’s not there, contact Bettie Lubbe at Bettie@LSSALEAD.org.za.
• No cancellations will be accepted after the course materials and link have been shared. Participants who do not cancel in time or fail to attend will forfeit the course fee.
• To cancel your registration, you must do so in writing before the course materials and link are sent. Cancellations will not be accepted after this point, and failure to comply will result in the full fee being charged.
• LSSA/LEAD reserves the right to postpone or cancel any program due to insufficient demand. In the event of a cancellation, registered delegates will be given reasonable notice, and all fees paid will be refunded.

LEAD is one of the largest providers of legal and professional education in South Africa and has been accredited as a legal education provider by the Legal Practice Council. LEAD provides access to quality learning that is relevant, accessible and affordable. LEAD offers an extensive range of learning activities and training options.