1.

Sources of law of evidence

2. Relevance and admissibility

• Lesotho sources of law evidence are very essential in understanding the
jurisprudence and fundamental principles that govern this part of the
law.
• The following are the sources
a) Our law of evidence is founded under the English Law of evidence
which was in force in Lesotho and serves as our common law.
b) Our rules of evidence are also found in our local statutes the
(Criminal Procedure and Evidence Act) and where these are silent on
a specific topic or issue, we refer to common law.
c) We have a considerable body of local case law on evidence. These
cases if decided in accordance with applicable English common law
rules and principles are binding in terms of our law precedent.
d) Our law of evidence is not based on Roman-Dutch law.
II. RELEVANCE AND ADMISSIBILITY
• Section 224 of the criminal procedure and Evidence Act provide for irrelevant evidence
to be inadmissible. it states “no evidence as to any fact, matter or thing, which is
irrelevant or immaterial and cannot conduce to prove or disprove any point of fact that
issue in the case which is being tried, shall be admissible.
• As we discussed earlier we said one of the functions for the Law of evidence is to go
effect to the rule that anything that is not relevant is inadmissible. However relevance is
not the sole test for admissibility.
• Rationale behind the exclusion of relevant evidence was stated by Murphy;
• Murphy states because of the purpose of evidence is to establish the probability of the
facts upon which the success of the party’s case depends on law, evidence must be
confined to the proof of facts which are required for that purpose. the proof of
supernumerary or unrelated fact will not assist the court and may in certain cases
prejudice against a party
RELEVANCE AND ADMISSIBILITY
• In the case of DPP vs Kilbourne Lord Simon said :
“evidence is relevant if it is logically probative or disapprobative of some
matter which requires proof... it is sufficient to say that relevant evidence, ie
logically probative or disapprobative evidence, is evidence which makes the
matter which requires proof more or less probable.”
• It would be wrong to accept and assume that evidence is admissible
simply because of its logical relevance irrelevant. Logical relevance cannot
guarantee that the evidence will be admitted. what then are factors and
considerations which are taken  to consider admissibility of evidence:
• the following are those considerations
RELEVANCE AND ADMISSIBILITY
• Facts in issue (facta probanda): evidence of any fact which a party must prove in
order to succeed in his claim; relevant because they are for the determination of the
court. If excluded the court would not have the basis upon which to act.
• Facts relevant to facts in issue: facts which render facts in issue more or less
probable; they explain the presence or absence of a fact in issue. There wouldn’t be
any smoke without the fire from which it comes.
NB: (THE ABOVE GO HAND IN HAND)
• Facts relevant to credibility: any fact which goes to establish whether a witness
should be believed or not is always relevant and admissible.
• Facts relevant to admissibility: evidence which establishes a rule of exclusion is
always admissible. Any fact which seeks to persuade the court that another item of
evidence should be excluded, however relevant, must be received.