ASSIGNMENT COVER

2023 ACADEMIC YEAR

Student Name Leticia Hipangelwa

Student number 221013083

Email Address 221013083@students.unam.na

Cell/Tel no 0816352129

Campus Windhoek Campus

Course/Module Name Course/Module

Code
Law of Evidence PEV3771

Assignment no (e.g. 1,
2 or 3, etc.).
1
 a) Evidence

is defined as an oral statement that is made under oath in a court of law. There
is close a relationship between proof and evidence but a distinction should be
made as they do not mean the same thing proof is derived from evidence1.

b) `Facta Probanda

This refers to the facts that must be provided by a party in order for them to
prevail in a civil action or given by the prosecution in order to prevail in a criminal
proceeding, this is also known as fact in issue2.

c) Facta Probantia

These are facts that are relevant to the fact issue, they tend to prove or disprove
the facts in issue3.

d) Improperly obtained evidence

Is refers to evidence that was obtained in a way that is illegal or at the violation of
another person’s rights4.

e) Admissibility of evidence

This is evidence that is regarded as allowed, adequate or can be accepted as

evidence in a case before court. When evidence is inadmissible it means that this
evidence cannot be allowed or accepted as evidence5.

f) Corroboration

This is evidence that supports or verifies evidence that has been provided this is
referred to as corroborating evidence and it is employed in court to back up
witness’s testimony6.

g) Privilege

This entails that one is free to decline to provide information that incriminates
them or that could put them at risk of being charged with a crime.
1
Zeffertt, DT & AP Paizes (3rd) 2009.The South African Law of Evidence.South Africa: LexisNexis, 202
2
Zeffertt & Paizes. (2009:202).
3
Zeffertt & Paizes. (2009:202).
4
Zeffertt & Paizes. (2009:214).
5
Zeffertt & Paizes. (2009:216).
6
Zeffertt & Paizes. (2009:228).
 h) Credibility

A witness’s credibility is determined by their truthfulness, trustworthiness,

sincerity and correctness. Evidence permitted with the intention of supporting or
determining a witness’s or accused’s testimony is referred to as credible
evidence7.

i) Judicial notice

This is a process that is invoked in order relive parties from having to prove facts
that are not in dispute. The main aim of a judicial notice is to shorten the
proceedings8.

j) Burden of proof

This refers to the obligation placed on a certain party to prove his or her
allegations at trial. At common law there is a saying that the one alleging must
prove.

Q2

a) The general structure of law includes Substantive Law and Procedural Law.
The purpose of the courts is to uphold justice by using the best evidence
available to ascertain the truth. In procedural law as well as substantive law,
evidence is crucial. While substantive law regulates how the facts of the case
should be handled and establishes the charge for the crime, procedural law
specifies the process that the case must follow. In all court proceedings,
substantive law specifies a person's rights and how they should conduct in
accordance with accepted societal norms9.

In order for a case to be decided and justice to be served, procedural as well

as substantive law dictates the various aspects of the case where evidence is
crucial to establishing the truth10. In procedural law, the evidence is used in
the inspection of the documents, saving the electronic evidence, etc. In

7
Zeffertt & Paizes. (2009:232).
8
Zeffertt & Paizes. (2009:245).
9
Law Corner.2020. Evidence and its Relationship with Procedural and Substantive Law. Available at
https://lawcorner.in/evidence-and-its-relationship-with-procedural-and-substantive-law/, last accessed on 25
March 2023.
10
Law Corner (2020).
 substantive law, the evidence is used in laying the charges against the
suspect. Evidence can also tamper while a trial is going on in the court. For
that, the prosecutors have to explain it to the court and sometimes that
evidence can also be excluded from consideration11.
b) Article 12 (1) (f) of the Namibian constitution is the only article in the Namibia
constitution that deals with the issue of evidence it prescribes that12

“no persons shall be compelled to give testimony against themselves or their

spouses, who shall include partners in a marriage by customary law, and no court
shall admit in evidence against such persons’ testimony which has been obtained
from such persons in violation of article 8(2)(b) Hereof”.

The Namibian courts have started developing case law on articles 12(1)(f)
and 8(2). (b in order to achieve a proper balance in the fight against crime
between obtaining evidence in violation of human rights, on the one hand, and
making sure that the admissibility of such evidence does not violate the
accused's right to a fair trial or is detrimental to the administration of justice,
the purpose of this is to highlight jurisprudence and to suggest ways in which
the court's jurisprudence could be strengthened and the Constitution13.

Q3

a) False
b) False
c) True
d) True
e) False
f) True
g) True

11
Law Corner (2020).
12
The Namibia Constitution,1990
13
Mujuzi, J.D. 2016. The admissibility in Namibia of evidence obtained through human rights violations’ African
Human Rights Law Journal, available at https://repository.uwc.ac.za/bitstream/handle/10566/3744/The
%20admissibilty%20in%20Namibia%20of%20evidence%20obtained%20through%20human%20rights
%20violations.pdf?sequence=2&isAllowed=y#:~:text=The%20only%20article%20in%20the,admit%20in
%20evidence%20against%20such, last accessed on [25 March 2023]
 h) True
i) True
j) True

Reference list

Book
 1. Zeffertt, DT & AP Paizes (3rd) 2009.The South African Law of Evidence.
United states of America: LexisNexis, 202

Statute

1. The Namibia Constitution,1990

Internet source

1. Law Corner.2020. Evidence and its Relationship with Procedural and

Substantive Law. Available at https://lawcorner.in/evidence-and-its-
relationship-with-procedural-and-substantive-law/, last accessed on 25 March
2023.
2. Mujuzi, J.D. 2016. The admissibility in Namibia of evidence obtained through
human rights violations’ African Human Rights Law Journal, available at
https://repository.uwc.ac.za/bitstream/handle/10566/3744/The%20admissibilty
%20in%20Namibia%20of%20evidence%20obtained%20through%20human
%20rights%20violations.pdf?sequence=2&isAllowed=y#:~:text=The%20only
%20article%20in%20the,admit%20in%20evidence%20against%20such, last
accessed on [25 March 2023]