such evidence by inquisitorial examination – inquisitorial in the
Canonical, not the Spanish sense.‟
2.1.
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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.
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UG-36-39: Report of the Commission of Inquiry into riots in Durban
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