The question as to what constitutes hearsay evidence and when it
is admissible in arbitration proceedings in the CCMA or a
bargaining council has been the subject of consideration in
numerous arbitration awards and court decisions. The question
whether “similar fact” evidence is admissible has
received less attention. The admissibility of similar fact evidence
usually arises in the context of criminal prosecutions but can also
arise in the context of arbitration proceedings.
Similar fact evidence can be described as
“ … facts that are directed at showing that a party
to the proceedings … has behaved on other occasions in the
same way as he is alleged to have behaved in the circumstances
presently being considered by the court”. (See Schwikkard and
van der Merwe Principles of Evidence 2ed at 66 and the
decisions referred to there.)
