Traditional and modern law of procedure and evidence in the chief's courts of the Ciskei
- Authors: Mqeke, Bangilizwe Richman
- Date: 1986
- Subjects: Customary law -- South Africa , Customary law -- South Africa -- Ciskei , Evidence (Law) -- South Africa , Procedure (Law) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3687 , http://hdl.handle.net/10962/d1003202 , Customary law -- South Africa , Customary law -- South Africa -- Ciskei , Evidence (Law) -- South Africa , Procedure (Law) -- South Africa
- Description: In this thesis it is intended to show, among other things, the evolution of the Ciskeian traditional African Court practice and procedure from the time of the advent of white rule up to the present day. In chapter two we show the manner in which the various Cape Governors tried to suppress the traditional court system and law by superimposing western type law and norms (repugnancy clause) on the unwilling African population. The case law discussed in chapter 3 clearly shows the problems that arose and which to a large extent, still arise in the application of the Chiefs' Civil Courts Rules. Non-compliance with these rules reveals the need both for the training of the personnel of these courts and reform of the rules governing the Chief's courts. The areas that need urgent attention have been identified and the necessary recommendations have been made.
- Full Text:
- Date Issued: 1986
- Authors: Mqeke, Bangilizwe Richman
- Date: 1986
- Subjects: Customary law -- South Africa , Customary law -- South Africa -- Ciskei , Evidence (Law) -- South Africa , Procedure (Law) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3687 , http://hdl.handle.net/10962/d1003202 , Customary law -- South Africa , Customary law -- South Africa -- Ciskei , Evidence (Law) -- South Africa , Procedure (Law) -- South Africa
- Description: In this thesis it is intended to show, among other things, the evolution of the Ciskeian traditional African Court practice and procedure from the time of the advent of white rule up to the present day. In chapter two we show the manner in which the various Cape Governors tried to suppress the traditional court system and law by superimposing western type law and norms (repugnancy clause) on the unwilling African population. The case law discussed in chapter 3 clearly shows the problems that arose and which to a large extent, still arise in the application of the Chiefs' Civil Courts Rules. Non-compliance with these rules reveals the need both for the training of the personnel of these courts and reform of the rules governing the Chief's courts. The areas that need urgent attention have been identified and the necessary recommendations have been made.
- Full Text:
- Date Issued: 1986
The application of the hearsay rule in labour law proceedings
- Authors: Hanekom, Jurgens Philip
- Date: 2003
- Subjects: Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11053 , http://hdl.handle.net/10948/300 , Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
- Description: To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
- Full Text:
- Date Issued: 2003
- Authors: Hanekom, Jurgens Philip
- Date: 2003
- Subjects: Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11053 , http://hdl.handle.net/10948/300 , Labor courts -- South Africa , Evidence, Hearsay -- South Africa , Evidence (Law) -- South Africa , Labor laws and legislation -- South Africa
- Description: To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
- Full Text:
- Date Issued: 2003
The application of the law of evidence in disciplinary proceedings and proceedings before the CCMA and bargaining councils
- Jacobs, Clint Eveleigh, Thesis Advisor
- Authors: Jacobs, Clint Eveleigh , Thesis Advisor
- Date: 2019
- Subjects: Evidence (Law) -- South Africa , South Africa -- Commission for Conciliation, Mediation, and Arbitration Mediation and conciliation, Industrial -- South Africa Labor laws and legislation -- South Africa Collective bargaining -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/40095 , vital:35754
- Description: Humanity has since time immemorial tried to arrange and structure its societies and communities. It follows that most, if not all societies’ function within a body of rules. Governments put laws in place to ensure that order is maintained and they are developed over time and implemented as the needs of a particular society evolve. Law may be divided into substantive law and procedural law. The law of evidence forms an integral part of procedural law and consists of a compilation of legal rules that have been used by courts and other forums in order to ensure that consistent and fair processes are followed and standards maintained in courts when facts are to be determined.2 It sets out the framework for how the evidence of witnesses must be dealt with and also sets out how it should be interpreted. Furthermore, it prescribes the assessment and evaluation of evidentiary material. It is imperative that rules of evidence be in place in order to protect the integrity of the proceedings and to prevent unfairness. The law of evidence thus forms an integral part of the law of procedure. Although South African common law is Roman-Dutch Law, the South African law of evidence has originally been incorporated into South African law from English law and has been developed over the years through legislation and court judgments.3 The law of evidence is applicable to both civil and criminal proceedings. In fact, rules of evidence come into play in virtually all courts, tribunals and forums where the objective is to resolve some or other legal dispute. This treatise focuses on aspects relating to the rules of evidence, with specific reference to hearsay evidence, unconstitutionally obtained evidence, polygraph testing by employers, searches and seizures in the workplace and entrapment in the workplace.
- Full Text:
- Date Issued: 2019
- Authors: Jacobs, Clint Eveleigh , Thesis Advisor
- Date: 2019
- Subjects: Evidence (Law) -- South Africa , South Africa -- Commission for Conciliation, Mediation, and Arbitration Mediation and conciliation, Industrial -- South Africa Labor laws and legislation -- South Africa Collective bargaining -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/40095 , vital:35754
- Description: Humanity has since time immemorial tried to arrange and structure its societies and communities. It follows that most, if not all societies’ function within a body of rules. Governments put laws in place to ensure that order is maintained and they are developed over time and implemented as the needs of a particular society evolve. Law may be divided into substantive law and procedural law. The law of evidence forms an integral part of procedural law and consists of a compilation of legal rules that have been used by courts and other forums in order to ensure that consistent and fair processes are followed and standards maintained in courts when facts are to be determined.2 It sets out the framework for how the evidence of witnesses must be dealt with and also sets out how it should be interpreted. Furthermore, it prescribes the assessment and evaluation of evidentiary material. It is imperative that rules of evidence be in place in order to protect the integrity of the proceedings and to prevent unfairness. The law of evidence thus forms an integral part of the law of procedure. Although South African common law is Roman-Dutch Law, the South African law of evidence has originally been incorporated into South African law from English law and has been developed over the years through legislation and court judgments.3 The law of evidence is applicable to both civil and criminal proceedings. In fact, rules of evidence come into play in virtually all courts, tribunals and forums where the objective is to resolve some or other legal dispute. This treatise focuses on aspects relating to the rules of evidence, with specific reference to hearsay evidence, unconstitutionally obtained evidence, polygraph testing by employers, searches and seizures in the workplace and entrapment in the workplace.
- Full Text:
- Date Issued: 2019
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