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Evidence

The syllabus for the LL.B (HONS) Part II course on Rules of Evidence at the University of Zimbabwe aims to equip legal practitioners with knowledge of the principles and rules of admissibility in evidence law. Key topics include relevance and admissibility, examination of witnesses, hearsay, privilege, corroboration, and the burden of proof. Recommended texts provide additional resources for understanding these concepts.

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30 views3 pages

Evidence

The syllabus for the LL.B (HONS) Part II course on Rules of Evidence at the University of Zimbabwe aims to equip legal practitioners with knowledge of the principles and rules of admissibility in evidence law. Key topics include relevance and admissibility, examination of witnesses, hearsay, privilege, corroboration, and the burden of proof. Recommended texts provide additional resources for understanding these concepts.

Uploaded by

jigukat22
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We take content rights seriously. If you suspect this is your content, claim it here.
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UNIVERSITY OF ZIMBABWE

LL.B (HONS) PART II


RULES OF EVIDENCE
SYLLABUS
Objectives:

To put the prospective legal practitioner or prosecutor into a position whereby such
practitioner is aware of the main principles and the rules of admissibility of the law of
evidence. To that end any case authorities are only given as illustrative of the principles
involved and most emphasis is placed on the student's application of principles to problem
situations.

Evidence

The contents of the Course in Evidence

1. Introduction

Definition and the sources of Zimbabwean law.

2. Relevance and Admissibility

The Best Evidence - Direct and Circumstantial Evidence

3. The Examination of Witnesses

Oral Evidence - Previous Consistent Statements - Exceptions to the Rule -


Refreshment of Memory........

Character Evidence

- Reputation on Disposition
- Similar Facts
- Striking Similarity in Sexual Cases
- The rebuttal of defences
- The Accused as a witness
- Right to silence
- Previous Convictions and their admissibility

Opinion Evidence

- The value of an opinion


- Who is an expert
- The rule in Hollington v Hewthorn and its application in Zimbabwe in the
light of what Sec. 31 of the Civil Evidence Act Chapter 8:01 says..

1
Hearsay

- Statutory and Common Law sources


- Civil and Criminal application
- Implied hearsay
- The exclusionary rules
- declarations by deceased persons
- `res gesta'
- public documents
- Admissions and confessions
- Judges' rules
- Public Interest.

4. The Competence and Compellability of Witnesses

The meaning of competence and compellability, the position of an accused, the


spouse of an accused, the position of a co-accused as a witness for the prosecution or
the defence?

5. Privilege

- Types of Privilege and reasons therefore


- Matrimonial
- Self-incrimination
- Legal Professions Privilege
- Without prejudice negotiations
- Public interest

6. Corroboration

- The need for confirmation


- Accomplices
- The two hurdles for accomplishment
- Singles witness - Cases of Treason and Perjury
- Confessions - Police Traps and biased witnesses.

The notion of Vulnerable Witnesses and New Perspectives on Corroboration e.g. young
children and victims of sexual offences - Victim Friendly Courts.

7. The Burden and Quantum Proof

The evaluation of evidence beyond reasonable doubt of the `balance of probabilities?

8. Parole Evidence Rule

Recommended Texts

1. Heydon, Evidence Cases and Materials 2nd Ed. Butterworths

2
2. Murphy, A Practical Approach to Evidence 3rd Edition.
3. Hoffman & Zeffect, The South African Law of Evidence 6th ed.
4. Cross on Evidence, 6th ed.
5. Carter, "Cases and Statutes on Evidence". 5th ed.
6. S, Jagwanth (editors), Women and the Law (on corrobation) HSRC Publishers,
Pretoria, 1994.

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