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Title
Electronic Evidence in South Africa |
Full text
http://hdl.handle.net/2165/268 |
Date
2006 |
Author(s)
Hofman, Julien |
Abstract
The paper looks at the law of electronic evidence in South Africa and the relationship between the provisions of ECT Act and the South African law of evidence. Arguing from the dependence in this area of the ECT Act on the UNCITRAL Model Law on Electronic Commerce the paper applies the doctrine of functional equivalence to find that, except where the ECT Act expressly changes it, the ordinary South African law on the admissibility of evidence applies to data messages. The paper concludes that the South African law of electronic evidence conforms to international practice and presents no major domestic obstacles to electronic commerce. The paper does, however, identify 12 areas of the law that could benefit from the attention of the legislator. |
Subject(s)
Electronic Evidence; IT Law; Electronic Law; Law of Evidence |
Language
en |
Type of publication
Book chapter |
Format
234361 bytes; application/pdf |
Repository
Cape Town - Lawspace, University of Cape Town
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Added to C-A: 2008-12-22;02:05:53 |
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