16 Questions
What is an opinion in the context of evidence law?
An opinion is advanced by a witness when the witness testifies to an inference or conclusion drawn, which is a perceived impression of their belief.
Can lay witnesses generally testify to opinion?
No, lay witnesses may generally not testify to opinion and may only testify to facts.
Why is opinion evidence inadmissible in some cases?
Opinion evidence is inadmissible if the court can adjudicate a matter without receiving it, making it irrelevant, superfluous or supererogatory.
What is an example of an opinion given by a witness?
"I am of the view that the accident was caused due to the speeding of the Defendant".
What is the rule regarding opinion evidence?
If the court can adjudicate a matter without receiving opinion evidence, such an opinion is inadmissible because it is irrelevant.
Can an opinion be used to testify to facts?
No, lay witnesses may only testify to facts, not opinions.
What is the purpose of excluding opinion evidence?
To exclude irrelevant or unnecessary evidence and to ensure that the court makes a decision based on facts, not opinions.
What is the difference between a fact and an opinion?
A fact is an objective observation, whereas an opinion is a subjective conclusion drawn by a witness.
Under what circumstances can the court use its own knowledge and experience to draw inferences and adjudicate a dispute?
When the court is in a better position than the witness to form an opinion.
What is the risk of presenting opinion evidence that is not based on specialized knowledge?
It creates the risk of confusion about the issues and can open an 'Evidence-Pandora-Box'.
When is opinion evidence considered relevant and admissible?
When it can be of appreciable help to the court and carries probative value.
What is the 'ultimate issue' in the context of opinion evidence?
The ultimate issue is the very issue that the court is mandated to decide.
Who can provide admissible opinion evidence, aside from experts?
Laypeople, such as government inspectors, who are familiar with the issue at hand.
What is the 'compendious mode' in the context of opinion evidence?
A summary or single-word description of factual data perceived by the witness.
Why is the admission of opinion evidence in the compendious mode at the court's discretion?
Because it depends on the circumstances of the case and whether the objective fact is still perceivable.
Why can't the court make inferences about manifestations such as anger or surprise on its own?
Because these manifestations no longer exist or cannot be perceived at the time of trial.
Study Notes
Opinion Evidence
- Opinion is advanced by a witness when they testify to an inference or conclusion drawn, which is a perceived impression of their belief.
- Lay witnesses may generally not testify to opinion and may only testify to facts.
The Opinion Evidence Rule
- If the court can adjudicate a matter without receiving opinion evidence, such an opinion is inadmissible because it is irrelevant.
- It will be superfluous or supererogatory.
- The court can use its own knowledge, experience, and education to draw the necessary inferences and to adjudicate the dispute.
Limitations of Opinion Evidence
- Such evidence would have no probative value.
- Creates the risk of confusion about the issues.
- Makes trials long.
- Can open an Evidence-Pandora-Box.
Admissibility of Opinion Evidence
- If the witness is in a better position than the court to form the opinion, the opinion evidence will be admissible.
- Where the opinion evidence can be of appreciable help, it will be relevant, and it will carry probative value because it can now assist the court in adjudicating the dispute.
Case Law
- R v Vilbro and Another 1957 3 SA 223 (A): The court dealt with the ‘ultimate issue’ and found that a witness may not usurp the function of the court by expressing a view (opinion) on the ultimate issue.
- Other cases: AG v Firestone SA (Pty) Ltd 1972 (1) SA 589 (A), Association of Amusement and Novelty Machine Operators v Minister of Justice 1980 (2) SA 636 (A), etc.
Compendious Mode
- The witness gives a summary or a single-word description [such as ‘angry’] which summarizes factual data perceived by the witness.
- This is permitted for practical convenience.
- The witness is better placed than the court to form that opinion.
- The admission of a compendious mode opinion is at the court’s discretion and will depend on the circumstances of the case and whether the objective fact...
This quiz covers important cases in South African law, including R v Vilbro and Another, AG v Firestone SA, and AM v MEC of Health. Test your knowledge of these landmark cases.
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