The Effectiveness of the Exclusionary Rules of Evidence in Upholding Fundamental Human Rights

Abstract

In Zambia, the General rules surrounding the admissibility of evidence are considered to be a settled matter, in that, should the evidence in question be relevant and carry with it sufficient weight, it will be rendered admissible and as such, the Judge can rely on or consider such evidence so as to render judgment in a particular matter, be it a matter emanating from the civil or criminal jurisdictions. Common law principles regulating the admissibility of evidence have however placed restrictions on the use of certain pieces of evidence. In accordance with the decision rendered in the case of R v Sang, “evidence will be admitted by the courts where the probative value of the evidence outweighs its prejudicial effect.” Thus, evidence that may lead to an injustice during trial is precluded from being disclosed as it poses a threat to fairness during court room proceedings.