IN TERMS OF SOUTH AFRICAN LAW

A group of tourists is visiting Cape Town and is about to board their tour bus when they hear a loud screeching of tyres. One of them, Mr Candida, turns towards the sound with his camera in hand, and photographs a red Ferrari that runs a red traffic light and crashes into another vehicle, a white minibus taxi, that was crossing the intersection. Mr Candida immediately writes down everything that he observed. The driver of the Ferrari, Mr Speedy, is subsequently charged with reckless and negligent driving and Mr Candida will be the only witness in the case. Fully answer the following questions, with reference to decided cases, applicable examples, and relevant legislation:

1.1 How must the court approach Mr Candida's evidence? (10)

1.2 Mr Candida is an avid photographic enthusiast who does not believe in using digital cameras and who develops his own photographs. He has been asked to produce his photographs in court. Discuss the nature of this evidence and then explain the requirements for admissibility and mention possible exceptions. (10)

1.3 Fully explain the admissibility of the photographs in view of relevant cases and applicable legislation if the photographs were taken with a digital camera. (10)