Supplementary Order Paper No 397

  • withdrawn on 10 December 2019

New clause 6A

After clause 6 (page 5, line 13), insert:

6A Duty to have regard to specified aspects of evidence relied on

(1)

In determining whether evidence establishes or helps to establish compliance with section 6, the court must have regard to—

(a)

the source of that evidence; and

(b)

the validity, authenticity, and reliability of that evidence.

(2)

The subsection (1) duty also applies in respect of a determination of the validity, authenticity, and reliability of any conviction or other foreign country action at issue in terms of section 6(1)(c), (d), or (e).

(3)

This section does not limit or affect any other rules of law relating to the admission or use of evidence.