Law of Evidence Amendment Act 45 of 1988 recognized indigenous laws.
South Africa's Civil Proceedings Evidence Act 25 of 1965 has been amended five times, including with the Law of Evidence Amendment Act 45 of 1988. This amendment addressed spousal testimony and recognition of indigenous laws.
Spousal Testimony
The 1988 amendment amended the spousal testimony privilege. Prior to the amendment, spouses could not be compelled to testify against each other. The amendment extended this privilege to include communications that occur after the marriage has ended.
Recognition of Marriage
The 1988 amendment also extended the recognition of valid marriages to include marriages conducted under indigenous laws and people of South Africa.
Recognition
The intent of the amendment was to bring the recognition of customary laws of indigenous cultures in South Africa in line with modern legal standards. The amendment permits courts to take judicial notice of indigenous laws rather than requiring the parties to establish proof of the law.
Tags: indigenous laws, Amendment 1988, Evidence Amendment, Evidence Amendment 1988, South Africa
