Law of Evidence at Eswatini
In Eswatini, the Law of Evidence is governed by a combination of statutes, case law, and common law principles. Eswatini follows the English common law system, and many of the legal principles and rules regarding evidence are derived from this system, with adaptations specific to Eswatini's legal framework.
Key Aspects of the Law of Evidence in Eswatini:
Sources of Evidence Law
The Evidence Act of 1905 (as amended) is the primary legislation governing evidence in Eswatini.
The Criminal Procedure and Evidence Act (No. 66 of 1938) governs evidence in criminal matters.
The Civil Procedure Act (No. 16 of 1938) applies in civil cases, outlining procedures for admitting and handling evidence in civil disputes.
Types of Evidence
Oral Evidence: Witness testimony is one of the most common types of evidence in Eswatini, which must be given under oath or affirmation in court.
Documentary Evidence: Written documents are admissible if they are relevant to the case at hand. This includes contracts, letters, records, or official documents.
Physical Evidence: Physical items or objects that are relevant to the case can be presented as evidence.
Electronic Evidence: Like in many common law jurisdictions, electronic records such as emails, digital files, and recordings can be admitted as evidence, provided they meet the necessary authenticity requirements.
Expert Evidence: Expert witnesses may be called to testify based on their specialized knowledge in certain fields, such as medicine, forensic analysis, or engineering.
Rules of Admissibility
Relevance: Only evidence that is relevant to the case is admissible. Irrelevant evidence is excluded.
Hearsay Rule: Hearsay evidence (evidence based on what someone else has said, rather than what the witness themselves has experienced) is generally inadmissible unless certain exceptions apply.
Documentary Evidence: Documents that are regularly kept in the course of business or government activities are generally considered reliable and admissible.
Best Evidence Rule: The original document is preferred over copies, especially when the contents of the document are in question.
Burden of Proof
In criminal cases, the burden of proof lies on the prosecution, and the accused is presumed innocent until proven guilty. The standard of proof is beyond a reasonable doubt.
In civil cases, the burden of proof lies with the plaintiff, and the standard is usually on the balance of probabilities (i.e., more likely than not).
Admissibility of Confessions
Confessions made by the accused are admissible as evidence in court, provided they were made voluntarily and not coerced. If there is any indication of coercion, the confession may be deemed inadmissible.
Exclusionary Rules
Illegally Obtained Evidence: Evidence obtained through illegal means (e.g., unlawful search or seizure) may be excluded from trial, though there are exceptions, particularly if the evidence is crucial to the case and its exclusion would undermine justice.
Witness Protection
In serious criminal cases, especially those involving organized crime or threats to national security, witness protection programs may be applied to ensure that witnesses are not harmed or intimidated in retaliation for their testimony.
Privilege
Certain communications are protected under the privilege doctrine, such as those between a lawyer and client, doctor and patient, or priest and parishioner.
Judicial Discretion
Judges in Eswatini have discretion to admit or exclude evidence based on their assessment of its relevance, probative value, and the potential for prejudice.
Conclusion
The law of evidence in Eswatini is based on the principles of English common law, with specific statutory provisions that regulate the admission and use of evidence in both criminal and civil cases. The key elements involve ensuring that the evidence is relevant, reliable, and obtained lawfully.
RELATED Blog
0 comments