Inproceedings,

TOWARDS A CLEARER CONSTITUTIONAL MEANING OF THE “BEST INTEREST OF JUSTICE TEST” IN SECTION 3(1) (C) OF THE SOUTH AFRICAN LAW OF EVIDENCE AMENDMENT ACT 45 OF 1988 (THE LEAA)

.
ETRA, 1, page 173-176. ACM, (June 2010)

Abstract

The “best interest of justice” denotes the best use of discretion by a person in authority. It is a familiar principle in International law prescripts. By its nature of being soft law- the international law assumes this principle as a guide for the enforcement of particular principles in different domestic law legal environments. To this end this principle means that the enforced domestic justice must serve the internationally prescribed interest of law, within domestic legal requirements. It is this principle that influences international child law inclined perspective in domestic legislation. This article explains the rationale for the best interest of justice test in the South African Law of Evidence Amendment Act 45 of 1988 (the LEAA). The article, interprets this test in the light of South African law evolution from the preconstitutional era -to- constitutional era. It argues that the application of this principle within common law interpretation of the LEAA would not be similar to the constitutional era interpretation. It draws on Constitutional criminal justice improvements to devise a constitutional interpretation of the best interest of justice test in hearsay evidence law.

Tags

Users

  • @claure

Comments and Reviews