Abstract

Section 3 of the Law of Evidence Amendment Act (LEAA) governs the admissibility of hearsay evidence in South Africa. There are many cases in which the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court and the Labour Appeal Court (LAC) have dealt with hearsay evidence. Through these cases, one is able to identify the principles that have been developed, especially by the LAC, to guide itself, the Labour Court and the CCMA when determining the admissibility or otherwise of hearsay evidence. However, there are also some areas that the Labour Court and the LAC may have to improve upon when dealing with hearsay evidence. The purpose of this article is to discuss this case law and suggest ways in which the CCMA, the Labour Court and the LAC can better address the issue of hearsay evidence.