How to Pass LEV3701: Law of Evidence (2026 Guide)

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How to Pass LEV3701: Law of Evidence (2026 Guide)

Module: LEV3701 (Law of Evidence)
Type: Semester Module (Final Year Level)
Focus: Admissibility of Evidence, Constitutional Exclusion, and Hearsay

Introduction

If you want to be a lawyer, LEV3701 is non-negotiable. Substantive law tells you what a crime is; the Law of Evidence tells you how to prove it in court.

The golden thread running through this module is the Constitution. South African evidence law has moved away from strict English rules to a system based on fairness and rights.

The 4 Pillars of the Exam

Based on the Exam Guide, you must master these four areas. They appear in almost every paper.

1. Admissibility of Detrimental Statements

This refers to statements made by an accused person that hurt their case. You must know the difference between:

  • Admissions (S 219A CPA): Admitting a fact (e.g., “I was there”) but not guilt.
  • Confessions (S 217 CPA): Unequivocal admission of guilt (e.g., “I murdered him”).
  • The Trap: Confessions made to a police officer (Peace Officer) are inadmissible unless confirmed by a Magistrate. This is the famous “Peace Officer Rule.”

2. Hearsay Evidence (S 3 of Act 45 of 1988)

Hearsay is generally inadmissible because the person who said it isn’t in court to be cross-examined.

  • However, Section 3(1)(c) allows it if it is in the “Interests of Justice.”
  • Exam Tip: You must memorize the 7 Factors the court considers (Nature of proceedings, Nature of evidence, Purpose, Probative value, Reason for absence, Prejudice, etc.).

3. The Constitutional Exclusionary Rule (S 35(5))

This is the most important section. Evidence obtained by violating rights (e.g., torture or illegal search) must be excluded if:

  1. It renders the trial unfair; OR
  2. It is detrimental to the administration of justice.

4. Cautionary Rules

Courts are skeptical of certain witnesses. You need to know the specific rules for:

  • Single Witnesses: Conviction is possible, but caution is needed.
  • Child Witnesses: Vulnerable to suggestion.
  • Trap: The cautionary rule for sexual assault complainants has been abolished (S v Jackson). Do not apply it in the exam!

My Top Tips for Distinction

1. Use Case Law
Evidence law is built on cases. You cannot just quote the Act.

  • S v Zuma: Presumption of innocence.
  • S v Molimi: Hearsay and constitutional rights.
  • Key v Attorney General: Evidence obtained illegally.

2. Understand the “Trial-within-a-Trial”
This is a mini-trial held to decide if a confession is admissible. The main trial stops, and the court focuses only on whether the statement was voluntary. The state must prove admissibility beyond a reasonable doubt.

3. Structure Your Answers
For problem questions (scenarios), use the IPAC method:

  • Issue: Is the confession admissible?
  • Principle: Section 217 CPA requires it to be voluntary.
  • Application: The police assaulted the accused, so it wasn’t voluntary.
  • Conclusion: The evidence is inadmissible.

Conclusion

LEV3701 is technical but logical. If you understand the rules of the game, you can predict exactly how a judge (and your examiner) will rule.

Good luck in court!

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