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dc.contributor.authorSwales, Lee
dc.date.accessioned2018-06-15T07:13:41Z
dc.date.available2018-06-15T07:13:41Z
dc.date.issued2018
dc.identifier.citationSwales, L. 2018. An analysis of the regulatory environment governing hearsay electronic evidence in South Africa: suggestions for reform – part one. Potchefstroomse elektroniese regsblad = Potchefstroom electronic law journal, 2018(21)1-30. [https://doi.org/10.17159/1727-3781/2018/v21i0a2916]en_US
dc.identifier.issn1727-3781
dc.identifier.urihttp://hdl.handle.net/10394/27563
dc.identifier.urihttps://doi.org/10.17159/1727-3781/2018/v21i0a2916
dc.description.abstractThe purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa – with a view to providing clear, practical suggestions for regulatory reform in the context of the South African Law Reform Commission's most recent Discussion Paper on electronic evidence. Technology has become an indispensable part of modern life. In particular, the Internet has facilitated new forms of business enterprise, and shifted basic communication norms. From a legal perspective, technology has presented several novel challenges for courts and legal practitioners to deal with – one of these key challenges relates to electronic evidence and in particular the application of the hearsay rules to the digital environment. The South African Law Reform Commission has identified the application of the hearsay rule as one of the core concerns with regard to electronic evidence, and certain academic analysis has revealed inefficiency in the current legal position which may involve multiple sources of law. Moreover, the Law Society of South Africa has stated that there is some confusion amongst members of the profession in relation to hearsay as it applies to electronic evidence. With the pervasive and burgeoning nature of technology, and with the Internet in mind, it is natural to assume that electronic evidence will be relevant in most forms of legal proceedings in future, and hearsay electronic evidence in particular will play an increasingly important role in years to come. Consequently, part one of this article will consider the key definitional concept in relation to electronic evidence – data messages - and examine whether the definition should be revised. In addition, part one of this article will answer two further critical questions posed by the South African Law Reform Commission in relation to data messages and hearsay evidence, namely: should a data message constitute hearsay? And, how should one distinguish between documentary evidence and real evidence in the context of data messages?en_US
dc.language.isoenen_US
dc.publisherPERen_US
dc.subjectElectronic evidenceen_US
dc.subjectdata messagesen_US
dc.subjectECT Acten_US
dc.subjectlaw of evidenceen_US
dc.subjectSouth African Law Reform Commissionen_US
dc.subjecttechnology and lawen_US
dc.titleAn analysis of the regulatory environment governing hearsay electronic evidence in South Africa: suggestions for reform – part oneen_US
dc.typeArticleen_US


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