(4). Such certificate must in terms of S.106B (4) (d) be signed by a person holding a
responsible position with respect to the management of the device.... Without the
required certificate this CD is inadmissible as evidence.”
12. In light of the above analysis and having already stated above that the DVDs attached by the
Plaintiffs are not accompanied by a Certificate as required under the evidence Act, it therefore
follows that the said DVDs are inadmissible as evidence.
13. However, in the interest of justice, it is my view that the Plaintiffs are at liberty to produce such
certificate for the admissibility of the said evidence. When that is done, the Court will be able to
examine the evidence and evaluate the probative value of the said DVDs as well as the
authenticity. The Respondent has alleged that the DVDs were obtained illegally, however that
cannot be ascertained at this stage until the Certificate is filed and the Court is able to
determine the source of the DVDs.
14. Costs shall be in the cause.