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(b)
if it is the best evidence that the person adducing it could reasonably be
expected to obtain on the grounds that it is not in its original form.
(2)
Evidence in the form of data or a data message must, subject to
subsection (3), be given due evidential weight.
(3)
In assessing the admissibility or evidential weight of data or a data
message regard must be had to—
(a)
the reliability of the manner in which the data or data message was generated,
stored or communicated;
(b)
the reliability of the manner in which the integrity of the data or data message
was maintained;
(c)
the manner in which the originator or recipient of the data or data message was
identified; and
(d)
any other relevant factor.
(4)
A copy or printout of data or a data message is rebuttable proof of
the contents of such data or data message if it is accompanied by a declaration that is
authenticated—
(a)
in the manner prescribed in the rules of court for the authentication of documents
executed outside the Republic;
(b)
by a person, and in the manner, contemplated in section 7 or 8 of the Justices of
the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963); or
(c)
in terms of the laws of the foreign State regulating the integrity and correctness
of the data or data message and the correctness of the copy or printout.
(5)
The provisions of this section do not affect any other law in terms of
which data or a data message may be admitted as evidence at any proceedings and the
provisions of this section are additional to and not in substitution for, any such law.
CHAPTER 9