This issue of pre-trial disclosure of expert opinion evidence

This issue of pre-trial disclosure of expert opinion evidence was discussed in the case of Shabalala and Others v Attorney-General of Transvaal and Another, influence an accused right to a fair trial.

Pre-trial disclosure of expert opinion evidence used by the accused is not absolute and therefore poses some issues regarding the trial and aspects such as time, effectiveness, costliness, and transparency

The study will predominantly be based on a literature review of various primary and secondary sources. The sources will include the Constitution of the Republic of South Africa, 1996; South African and UK (English) legislation; and South African and English case law. In addition to these primary sources, academic writings including books and journal articles, postgraduate research studies in the form of theses and dissertations as well as reputable online and electronic sources will be consulted.

To Cite, Compare, contrast/critic/evaluate and conclude how disclosure precipitating court proceedings.

possible bibliography /references

Books
Zeffertt, DT; Paizes, AP; Skeen, StQ ‘South African law of Evidence’ (2003) Durban, South Africa: LexisNexis/Butterworths.
Case law
South African case law
Coopers (South Africa) (Pty) Ltd v Deutsche Gesellschaft Für Schädlingsbekämpfung Mbh 1976 (3) SA 352 (A) at 370F-G.
Ruto Flour Mills v Adelson 1958 (4) SA 307 (T).
Shabalala and Others v Attorney-General of Transvaal and Another 1995 (2) SACR 761 (CC).
S v Zuma 1995 (2) SA 642 (CC).

Foreign case law

Journal articles
Walt, LM-VD ‘Pre-Trial Disclosure of Expert Evidence: Lessons from Abroad’ (2000) 13(2) South African Journal of Criminal Justice 145
Legislation and statutory instruments
South African legislation
Criminal Procedure Act 51 of 1977.
The Constitution of the Republic of South Africa, 1996.

Foreign legislation

International Instruments

Justice, MO, Procedure Rules (12 August 2021) Gov.UK (10 October 2021)
Theses and dissertations
Other sources
Dictionary, C, Criminal Proceedings HarperCollins Publishers (6 October 2021)

South Africa’s legal system has various aspects that are crucial to enforce the laws of the country effectively and justifiably. The lack of pre-trial disclosure of expert evidence in criminal cases compromises the efficiency and judicial fairness in criminal proceedings. due to the precipitating effect.
The reason for this is that it creates a stop-start approach to judicial decisions which subsequently, delay the trial, negatively influence the effectiveness of the judicial system in South Africa and generally infringes on the parties right to a fair and just trial. An accused right to a fair trial is governed within section 33(1) of the Constitution.
Discuss and compare (RSA/UK) the use of expert witness evidence within a criminal trial and the precipitating effect it has on court procedures. Furthermore, how the evidence must be disclosed before the trial