An analysis of the judicial and legislative attitude to hearsay electronic data in South Africa

Abstract

This article analyses the judicial and legislative attitude in relation to electronically stored information presented as evidence in South Africa. The article also evaluates the adequacy of the regulation of admissibility and weight ascription to electronic information particularly the Electronic Communications and Transactions Act (ECTA) 2002. The paper suggests that electronically stored information might not sufficiently be analysed and assessed using the rules of documentary evidence and recommends some amendments including clearer definitions of electronic information which are statements, electronic information that is contained in documents, and electronic information that are created wholly by electronic algorithms and software. 

Index words: South Africa; electronically stored information; admissibility; hearsay; Electronic Communications and Transactions Act 2002