such evidence by inquisitorial examination – inquisitorial in the Canonical, not the Spanish sense.‟ 2.1. 4 Burden and Standard of Proof It is well established that this Commission was by and large a fact-finding body, and not a court of law. The evidence considered fell into various categories including oral evidence, written statements, affidavits and expert reports. Witnesses were required to take an oath. As is common with inquisitorial proceedings, there was no strict burden of proof on any party. Rather it was the Commissioners’ responsibility to arrive at reasonably justifiable conclusions on the facts placed before them and the standard of proof that was applied was generally on a balance of probabilities. For the Commission to formulate its findings on the probabilities of facts, it needed to evaluate all of the facts. Through this process, had to discern which evidence was true or false on a balance of probabilities. 4 UG-36-39: Report of the Commission of Inquiry into riots in Durban 11 11

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