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In the South African case of S v D, the court applied DPP v Boardman, using the evidence on one count to prove another, because of the striking similarity of the accused's modus operandi. The accused in question was charged with a number of rapes and robberies in area of Johannesburg.
Informal admissions in South African law are part of the South African law of evidence. Briefly, an admission is a statement made by a party, in civil or criminal proceedings, which is adverse to that party's case. Informal admissions, which are usually made out of court, must be distinguished from formal admissions, made in the pleadings or in ...
In South Africa the Supreme Court of Appeal, beginning with the landmark ruling in KPMG Chartered Accountants (SA) v Securefin Ltd, [26] redefined the rules relating to the admissibility of evidence that may be used in the interpretation of contracts in South Africa and in Dexgroup (Pty) Ltd v Trustco Group International (Pty) Ltd [27] the ...
The case is famous primarily for its articulation of the fundamental precept of contractual interpretation in South Africa: . The golden rule applicable to the interpretation of all contracts is to ascertain and to follow the intention of the parties; and, if the contract itself, or any evidence admissible under the circumstances, affords a definite indication of the meaning of the contracting ...
the admission of inadmissible or incompetent evidence, or the rejection of admissible or competent evidence. The procedure for bringing such reviews before the High Court is set out in Rule 53 of the High Court Rules. Where the accused complains of irregularities in the proceedings, these may be the subject of an appeal as well.
KPMG Chartered Accountants (SA) v Securefin Ltd and Another, [1] potentially a landmark case in South African contract law, was heard in the Supreme Court of Appeal (SCA) [2] on 17 February 2009, with judgment handed down on 13 March. It could herald a new era in the interpretation of contracts in South Africa.
In Ex parte Harmse, an important case in South African insolvency law, the applicant's statement indicated an excess of assets over liabilities, but the only evidence that he adduced to prove otherwise were certain letters written by estate agents or valuers. The court held that the applicant had failed to adduce sufficient evidence to ...
Nel v Le Roux NO and Others is a 1996 decision of the Constitutional Court of South Africa in the area of criminal procedure.The Constitutional Court dismissed a constitutional challenge to section 205 of the Criminal Procedure Act 51 of 1977, which allowed judicial officers to compel witnesses to provide evidence in pre-trial examinations.