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This fifth edition, like the first, attempts to strike a balance between the theory of the law of evidence and its practical application in a constitutional setting. Special attention is given to constitutional, for example the admissibility of unconstitutionally obtained evidence as provided for in s35(5) of the Constitution; the constitutionality of presumptions; rule 30 of the Rules of the Constitutional Court (the “Brandeis brief”).
Since publication of the first edition, various sections have been inserted in the Criminal Procedure Act 51 of 1977, for example, ss 60(11B) © 60(14), 78(1A), 78(1B), 158(2), 166(3) and 252A. The impact of these sections on the Anglo-South African law of evidence, and the extent to which some of them may be subject to constitutional challenges, are discussed.