Online Witness - Credibility
Submitted by: Kavita Kooverjee, SchoemanLaw Inc Save to Instapaper
Kavita KooverjeeCategory: Litigation and Dispute Resolution
A pandemic that changed how we do life and business brought many challenges in all sectors, primarily how we work and conduct ourselves in the legal fraternity.
We moved from actual courtrooms to online ones, where everything can be done from the comfort of our homes.
With this came the convenience of witnesses not having to leave the comfort of their homes to submit testimony in online trials and arbitrations.
In this article, I question whether we genuinely derive justice with online testimony. Can we indeed derive credible online testimony?
There are many Pros and Cons to online testimony:
ProsSaving Travel Fees: Witnesses save travel expenses by appearing online in the comfort of their homes. Saving Time: Witnesses need to log onto an online platform, such as TEAMS or Zoom, only when it is their time to testify and not have to wait all day in a court. Convenience: Having all witnesses be present in one forum from all over the world.
ConsInsufficient Data and Tools: Witnesses not having adequate data or the correct tools (video cameras, laptops, cellphones) to provide testimony. Lag in Testimony: Witnesses or any party in an online forum having network issues and members of a forum dealing with lagging or buffering while testifying. Also note this can affect a legal representative’s ability to cross-examine a witness effectively. Witnesses Not Being Fully Present Online: A witness only showing a part of their face or not being able to see a witnesses hand’s on camera. The danger presents itself as a witness can be led through their testimony by any means, including instant messaging.
Before the Pandemic and the increase in online forums: The Criminal Procedure Act 51 of 1977 had made provision for witnesses to give testimony through the camera:
In section 158(2)(a) it states: A court may, subject to section 153, on its own initiative or on application by the public prosecutor, order that a witness or an accused, if the witness or accused consents thereto, may give evidence using closed circuit television or similar electronic media.1
Furthermore, Section 138(1) of the Labour Relation Act2 also provides:
The commissioner may conduct the arbitration in a manner that the commissioner considers appropriate in order to determine the dispute fairly and quickly but must deal with the substantial merits of the dispute with the minimum of legal formalities.
This allows a commissioner to dispense with legal formalities and allow witnesses to testify online. This gives a commissioner the discretion to accept witness testimony with technical difficulties.
This raises many issues for attorneys when presenting their cases and needing to cross-examine a witness. Can we genuinely get credible witness testimony online?
Conclusion
In conclusion, there will need to be a set of uniform rules to follow when presenting online evidence, and commissioners will need to consider the credibility of such testimony if witnesses cannot be adequately seen online.
Contact an attorney at SchoemanLaw Inc for your Litigation needs.
Kavita Kooverjee| SchoemanLaw IncAttorneywww.schoemanlaw.co.za
SchoemanLaw Inc Attorneys, Conveyancers and Notaries Public is a boutique law firm offering its clients access to high quality online legal documents and agreements, together with a wide range of legal services. The firm has an innovative and entrepreneurial mindset that distinguishes it from other law firms. We apply our first-hand understanding of the challenges facing entrepreneurs (regardless of their business size) to develop proven, practical solutions incorporating legal compliance, risk aversion and business sense. We achieve this by offering clients tailored, yet holistic support comprising of legal gap analysis, the design of tailored legal solutions and the practical implementation thereof through training and automation. With your personal interests in mind, our ultimate aim is to implement measures that protect the results of your hard work as effectively as possible.
Latest Press Articles
- Bridging Work and Home - A Conveyancing Approach to Employee Tenancies.
- Suretyships in Commercial Contracts - What Every Business Should Know
- Navigating South Africa’s Labour Law Reform - Proposed Amendments to the Labour Relations Act
- Review Applications in South African Labour Law - Legal Constraints and Procedural Discipline
- Parental Alienation in South Africa - A Silent Form of Emotional Abuse in Family Law Disputes
- Market Trust Starts Inside - Aligning Your Legal Documents with Your Marketing Message
- Exploring Suretyship - Capacity, Liabilities, and Types of Sureties.
- The "Without Prejudice" Rule Under Fire - Recent Developments in South African Law
- Navigating the Storm - How Rule 43 and Rule 58 Applications Provide a Lifeline During Divorce
- Beyond the Traditional - Execution of Judgments Through Attachment of Bank Accounts
- Guardianship vs Custody in South Africa - What Parents Need to Know When Travelling Abroad with a Minor
- What steps can I take if someone registers a domain name that is too similar to mine?
- Understanding the Revised Automotive Aftermarket Guidelines for Competition (R2R)
- Considering Artificial Intelligence, the responsibility of Employee management
- Mistake, Misrepresentation, and Duress - When Can a Business Escape a Contract?
The Pulse Updates
- New Report Reveals Msme Funding Realities In South Africa – And What Must Change (May 30, 2025)
- Opinion Piece: Incorporating Ai Into Workforce Planning (May 26, 2025)
- Bridging The Gap: Why Finance And Hr Must Collaborate For Business Success (May 19, 2025)
- Reclaiming Johannesburg’s Running Narrative Powered By The Streets. Refreshed By Pura. (May 16, 2025)
- Double Gold Triumph For Hansgrohe Innovations (May 16, 2025)