Law Long opinion - FIRAC

             is the opinion that such evidence should be admitted in the interests of justice.
             (2) The provisions of subsection (1) shall not render admissible any evidence which is inadmissible on any ground other than that such evidence is hearsay evidence. .
             .
             (3) Hearsay evidence may be provisionally admitted in terms of subsection (1)(b) if the court is informed that the person upon whose credibility the probative value of such evidence depends, will himself testify in such proceedings: Provided that such if such person does not later testify in such proceedings, the hearsay evidence shall be left out of account unless the hearsay evidence is admitted in terms of paragraph (a) of subsection (1) or is admitted by the court in terms of paragraph (c) of that subsection. .
             (4) For the purpose of this section - .
             "hearsay evidence" means evidence, whether oral or in writing, the probative value of which depends upon the credibility of any person other than the person giving such evidence;.
             "party" means the accused or party against whom hearsay evidence is to be adduced, including the prosecution. .
             CASES.
             The cases that can be taken into consideration when considering whether the hearsay evidence should be admitted or not, are those of: S v CEKISO AND ANOTHER , S v MPOFU and HLONGWANE v RECTOR ST FRANCIS COLLEGE . .
             S v CEKISO AND ANOTHER .
             Four men including the two accused entered the deceased's house on the day that she was murdered. Evidence suggests that the deceased knew one of the accused. According to hearsay evidence, the faces of the two men were covered. They had claimed to be policemen and they searched the house. .
             The issues that were considered were: .
             Whether the faces of the two men who claimed to be policemen, covered or not?.
             Was hearsay evidence admitted in the court?.