Ntene v Freestate Management Trading Entity (CIV/APN 38 of 2019)
Ntene v Freestate Management Trading Entity (CIV/APN 38 of 2019) [2021] LSHC 38 (22 April 2021)
The appeal was dismissed because the respondent failed to provide any satisfactory documentary proof of lawful ownership or possession as required by s.14(3) of the Motor Vehicle Theft Act. The evidence of the applicant, supported by expert and police affidavits, was overwhelming and unchallenged. The magistrate was correct to resolve the matter on affidavits, as viva voce evidence would not have disturbed the balance of probabilities. Affidavits sworn in South Africa were admissible without further authentication, and computer-generated evidence was properly admitted under the presumption of…
Source excerpt
- Motion proceedings
- Dispute of fact
- Admissibility of affidavits
- Authentication of foreign documents
- Computer-generated evidence
- Ownership of motor vehicles