Category: Expert

Expert evidence considered: Requirements and duties

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed,  there have been changes in how lawyers prepare expert summaries...

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Textbook evidence considered: Requirements not met

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

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Restoring land rights: Community not proved

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

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Fairness factors evaluated: Remorse with long service

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Expert witness opinions: Some guide lines

PriceWaterhouseCoopers Inc v National Potato Co-operative Ltd (451/12) [2015] ZASCA 2 (4 March 2015) SCA summary: Auditor – relationship with client contractual – duties – whether audit conducted negligently – damages –...

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Polygraph test: Expert evidence required

DHL Supply Chain (Pty) Ltd v NBCRFI (DA4/2013) [2014] ZALAC 15; [2014] 9 BLLR 860; (2014) 35 ILJ 2379 (LAC) (13 May 2014) per Sutherland AJA [Ndlovu JA and Molemela AJA concurring] Appeal disallowed with costs. LAC Summary:...

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