Hearsay Evidence in South Africa: Should Courts Add the ‘Sole and Decisive Rule’ to Their Arsenal?

Abstract

The South African Law of Evidence Amendment Act (LEAA) recognises the fact that as a general rule hearsay evidence is inadmissible but creates exceptions to this general rule. South African courts are reluctant to convict accused in cases where hearsay evidence plays a decisive or even significant role in the accused's conviction. However, while relying on the LEAA the Supreme Court of Appeal held that the true test of the admission of hearsay evidence is whether it is in the interest of justice to admit such evidence irrespective of its role in the accused's conviction. Relying on the jurisprudence of the European Court of Human Rights, the author argues that the introduction of a sole and decisive rule would strengthen the accused's right to a fair trial in hearsay evidence cases.