(3) A person may use the services of another person in order to comply with subsection (1): Provided that the former person will be liable for the contravention of the provision in question if the latter person has failed to retain the information. Admissibility and evidential weight of data messages and computer evidence 25. (1) In any legal proceedings, nothing in the application of the rules of evidence may be applied in such a manner that it would have the effect that computer evidence is inadmissible – (a) on the sole ground that it is computer evidence; or, (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) When evidence is admitted in terms of this section, the court must assess the weight to be given to that evidence. (3) In assessing the evidential weight of computer evidence, the court must have regard to – (a) the reliability of the manner in which the computer evidence was generated, stored or communicated; (b) the integrity of the information system in which the computer evidence was recorded, stored and maintained; (c) the manner in which the originator of the computer evidence was identified; and (d) any other relevant factor. (4) A data message made by or on behalf of a person in the ordinary course of 24

Sélectionner le paragraphe cible3