Increasing use is being made of various types of scientific evidence in court. The general requirement for the admissibility of such evidence is relevance. Although expert evidence is considered to be opinion evidence, it is admissible if it can assist the court to decide a fact in issue; provided that it is also reliable. In South Africa, the initial wide judicial discretion to either admit or exclude unconstitutionally obtained evidence, has developed into a more narrowly defined discretion under the final Constitution. Examples of scientific evidence, namely, DNA evidence, fingerprints, psychiatric evidence, bite-mark evidence and polygraph evidence are considered and problems inherent in the presentation of such evidence in courts in various jurisdictions are highlighted. An investigation of the presentation and evaluation of evidence in both the accusatorial and inquisitorial systems seems to indicate that the adversarial procedure has a marked influence on the evaluation of evidence / Criminal and Procedural Law / LL.M. (Law)

A brief analysis of South African Law relating to intoxication as a defence prior to 1988 is given. This is followed by an in-depth discussion and evaluation of the statutory crime created by section 1 (1) of the Criminal Law Amendment Act 1 of 1988. Various points of criticism against the wording of section 1 (1) as well as the problems with regard to its application in practice are set out. In conclusion a draft for a new, more effective wording for section 1 (1) is given / Criminal and Procedural Law / LL.M. (Criminal & Procedural Law)

Text in Afrikaans / Alhoewel die Grondwet van die Republiek van Suid-Afrika die bestaande reg op regsverteenwoordiging uitgebrei het tot sy logiese eindpunt, is daar geen vaste inhoud aan hierdie reg gegee nie en sal die howe die omvang daarvan moet ontwikkel. Hierdie reg kan weens die heersende sosiale en ekonomiese omstandighede nie 'n absolute reg wees nie. Indien 'n beskuldigde nie 'n regsverteenwoordiger kan bekostig nie, sal een op staatsonkoste aan horn verskaf word, maar slegs indien <lit andersins tot wesentlike onreg sal lei. In so 'n geval het die beskuldigde nie die reg op 'n regsverteenwoordiger van sy keuse nie. Effektiewe regsverteenwoordiging word ook nie gewaarborg nie. Daar word derhalwe steeds nie aan die sine qua non van 'n volledige strafregplegingstelsel soos <lit oor tyd in die Verenigde State van Amerika ontwikkel het, <lit is die verskaffing van kostelose regsverteenwoordiging aan elke behoeftige persoon beskuldig van 'n emstige misdaad, voldoen nie / Although the Constitution of the Republic of South Africa has extended the existing right to legal representation to its logical conclusion, no definitive substance has been given to this right and the courts will have to develop the purview thereof. This right cannot be an absolute right because of ruling social and economic circumstances. Should an accused not be able to afford a legal representative, one will be supplied to him at state expense, but only if substantial injustice would otherwise result. In such an event the accused is not entitled to a legal representative of his choice. Effective legal representation is also not guaranteed. There is therefore still not compliance with the sine qua non of a comprehensive criminal justice system as has developed over time in the United States of America, that is the provision of free legal representation to every indigent person accused of a serious crime / Criminal and Procedural Law / LL.M. (Straf en Prosesreg)

Modern society is increasingly threatened by organised crime. Crime undermines democracy and causes harm to the general functioning of a country and the quality of life of its citizens. A lack of protection measures for witnesses of crime renders the criminal justice system weak and ineffective in its quest to fight crime. Witness protection programmes and the testimony of a witness play a pivotal role in the fight against organised crime, without which securing successful prosecutions becomes a daunting task. Despite the important role of witnesses in the criminal justice system, there seems to be a dearth of literature focusing on the experiences of witnesses within the South African context. The researcher was able to gain an in-depth understanding of the experiences, challenges, and coping strategies of witnesses by employing an instrumental case study design within the framework of exploratory, descriptive, and contextual research from the vantage point of witnesses and staff members in the witness protection programme in South Africa. A total number of 30 participants were recruited by means of purposive sampling. Data was collected through individual, face-to-face interviews undertaken in six provinces. Analysis of the data was conducted in line with the eight steps of data analysis proposed by Tesch (in Creswell 2009:186) and Guba’s principles of trustworthiness were employed in the verification of the data. The ethical principles of informed consent, confidentiality, anonymity, beneficence, data management, and debriefing were observed. This study drew from Caplan’s (1964) crisis theory and the coping theory by Lazarus (1993). The findings of this study revealed that there is a general lack of awareness among the communities and members of the criminal justice system about the existence of the witness protection programme in South Africa. Witnesses also expressed that they found it difficult to cope and adjust in the programme, because of challenges such as social uprooting and isolation. While some witnesses were able to adjust, some resorted to exiting the programme prematurely. Suggestions by participants towards the support of witnesses paved a foundation for the development of guidelines for coordinated service delivery in the South African Witness Protection Programme. / Social Work / D. Phil. (Social Work)