The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 4 : Court ProceedingsPart 3 : Witness, witness fess and admissibility of evidence21. Admissibility of evidence |
| (1) | The Court may, in the case of claims under the Restitution of Land Rights Act admit evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether or not such evidence would be admissible in any other court of law. |
| (2) | Without derogating from the generality of subsection (1), it is competent for any party before the Court to adduce— |
| (a) | hearsay evidence regarding the circumstances surrounding the dispossession of a land right or rights and the rules governing the allocation and occupation of land within a claimant community at the time of such dispossession; and |
| (b) | expert evidence regarding the historical and anthropological facts relevant to any particular land claim. |
| (3) | The Court must give such weight to any evidence adduced in terms of subsections (1) and (2) as it deems appropriate. |
| (4) | Whenever a judgment, order or other record of the Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, order or other record duly certified as such by the registrar of the Court under its seal is prima facie evidence thereof without proof of the authenticity of such registrar’s signature. |