CIVIL EVIDENCE ACT [Chapter 8:01] as at 1st May 2007 32 Proof of previous inconsistent statement (1) Any party to civil proceedings may prove that a witness who has given evidence in the proceedings has previously made a statement inconsistent with his testimony, whether or not the previous statement was made on oath and whether or not the witness has been declared hostile: Provided that, before the previous inconsistent statement is proved, the witness shall be asked whether or not he made the statement and shall be given sufficient particulars of the statement to enable him to identify the occasion on which it was made. (2) Where a previous inconsistent statement has been proved in terms of subsection (1) or has been admitted by the witness who made it, then, depending on all the circumstances, the court may give credence to the previous statement or to the witness’s testimony or may disbelieve both. 33 Evidence of character or reputation of party No evidence as to the character or reputation of any party to civil proceedings shall be admissible except— (a) in any claim for damages where the character or reputation of the party is relevant to any fact in issue or the amount of damages; or (b) in the determination of the paternity of a person, where the character or reputation of the father or mother is relevant to any fact in issue; or (c) where the credibility of the party as a witness is impugned or put in issue; or (d) in any case where the award or order is dependent on the good behaviour of any person; or (e) in any case where it is relevant to show a course of conduct. 34 Evidence of similar facts No evidence as to facts similar to those in issue shall be admissible in any civil proceedings except where— (a) the inference sought to be drawn from that evidence is sufficiently cogent to prove the fact in issue and goes further than showing a general disposition, habit, propensity, tendency or similarity or possession of a state of mind; and (b) the evidence is not unfair or oppressive to a party to the proceedings; and (c) the evidence does not raise collateral issues incapable of ready determination. 35 Proof of public office (1) A statement by a person that he holds a particular public office shall be admissible in evidence and shall be prima facie proof that he holds that office. (2) A signature on a document purporting to be the signature of a person holding public office shall be regarded as a statement for the purposes of subsection (1). 36 Admissions (1) An admission as to any fact in issue in civil proceedings, made by or on behalf of a party to those proceedings, shall be admissible in evidence as proof of that fact, whether the admission was made orally or in writing or otherwise. — 21 —