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EVI 401 - Judicial notice Notes
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This is a comprehensive and detailed note on Chapter 26; Judicial notice for EVI 401. Quality stuff!!! U'll need it!!
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1SECTION H.2
JUDICIAL NOTICE
Prescribed Reading
Principles, Chapter 27
Rule 30 of the Constitutional Court Rules
Prescribed Case Law
S v M 2000 1 SACR 484 (W)
Harnischfeger Corporation v Appleton 1993 4 SA 479 (W)
1. GENERAL
1.1 GENERAL PRINCIPLE
A court takes judicial notice of a fact when it accepts it as
established even though no evidence is led on that fact
Judicial notice is taken where facts are well known or
can be easily ascertained
1.2 RATIONALE
Saves time and costs
, 2
1.3 PROCEDURE
Judicial notice is a question of law to be decided on by
the court
The court should inform the parties in advance of its
intention to take judicial notice of certain facts if the fact
is of such a nature that it might give rise to conflicting
views
Important procedural distinction
(1) Facts that are judicially noticed without any inquiry
vs.
(2) Facts that are judicially noticed with reference to a
source or authority
In the second instance, evidence may be led to
dispute the source or authority
1.4 JUDICIAL NOTICE AS AN EXCEPTION TO
GENERAL PRINCIPLES
Judicial notice is an exception to the following general
principles:
(1) The principle that judicial officers should play a
passive and impartial role
(2) The fundamental right to cross-examine
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