THE ADMISSIBILITY OF PHOTOGRAPHS AS EVIDENCE
Background
Photographs can either be seen as documentary or real evidence, depending on the purpose why they stand to be admitted as evidence in court and whether they are digital in nature. If they are viewed as real evidence, there are no special requirements for admissibility, but if they are seen as documentary evidence, legislation and possibly the common law determine their admissibility.
Suggested reading material Cases
Motata v Nair 2009 (1) SACR 263 ()
SV Brown 2016 (1) SACR 206 (WCC) SV Ndiki [2007] 2 AlI SA 185 (CK) Legislation
Electronic Communications and Transactions Act 25 of 2002, Chapter Il Books
Schwikkard PJ and Mosaka TB, Principles of Evidence (5th edn, Juta 2023) Ch 21
Van der Merwe DP (managing ed), Information and Communications Technology Law (3rd edn, LexisNexis 2021) Ch 5
Journal Articles
De Villiers DS, ‘Old “Documents”, “Video Tapes” and New “Data Messages” – A Functional Approach to the Law of Evidence’ (part 1) [2010] (3) TSAR 558
De Villiers DS, Old “Documents”, “Video Tapes” and New Data Messages” – A Functional Approach to the Law of Evidence’ (part 2) [2010] (4) TSAR 720
Hofman J, ‘Electronic Evidence in Criminal Cases’ (2006) SACJ 257
Admissibility of photographic evidence in south africa legal system hypothesis research report
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