On 5 March 2022 the motor vehicle driven by Mr Da Costa collided with a pedestrian, Mr Mdani. Mr Mdani sustained serious injuries and as a result instituted an action for damages against the insurer of Mr Da Costa's vehicle. At the trial, one of the witnesses called for the plaintiff is Sergeant Basson. Sergeant Basson had been called to the scene of the crime, had spoken to Mr Da Costa and later drew up a sketch plan of the scene as well as a motor accident report. He had no independent recollection of his visit to the scene of the crime and had to rely on these documents to testify.

1.1 The defence objects to Sergeant Basson relying on the mentioned documents to testify. Fully discuss the legal position.

Mr Da Costa told Sergeant Basson at the scene of the accident that Mr Mdani had crossed the road from west to east and pointed out the point of impact. This point of impact was 10 meters from the western side of the road. The road was 11 meters wide. This means that Mr Mdani had almost completed crossing the road when he was struck.

1.2 Assume for current purposes that Mr Da Costa is the defendant. Discuss the nature of Mr Da Costa's statement, the nature of his action of pointing out the point of impact and lastly the requirements for the admissibility of both the statement and the action.

1.3 During Sergeant Basson's testimony, counsel for the defendant (the insurance company) object to this evidence as far as it relates to Mr Da Costa (who has emigrated to Greece since the accident). Fully discuss the nature and admissibility of this evidence.