Abstract
This dissertation examines the adequacy of South Africa’s existing legal framework to accommodate blockchain-based evidence within its law of evidence. Blockchain technology offers significant potential to enhance the integrity, transparency, and auditability of digital records; however, its integration raises complex doctrinal and procedural challenges that South African law has yet to fully address. This study seeks to critically evaluate these challenges, thereby responding to an urgent need in both legal scholarship and practice to bridge the gap between emerging technological realities and traditional evidentiary principles.
Employing a comprehensive doctrinal methodology, the research analyses constitutional mandates alongside relevant statutes, including the Electronic Communications and Transactions Act (ECTA), the Civil Proceedings Evidence Act (CPEA), the Criminal Procedure Act (CPA), and the Protection of Personal Information Act (POPIA), as well as common law evidentiary rules. A comparative analysis of international jurisdictions, namely the United States, United Kingdom, European Union, Mauritius, and Kenya, further informs the study by illustrating diverse regulatory and judicial approaches to blockchain evidence.
The principal contribution of this dissertation lies in its integrated legal-technological analysis, identifying critical doctrinal gaps and procedural inconsistencies that impede the admissibility and reliability of blockchain-based evidence in South Africa. Based on these findings, the study proposes a multi-faceted reform framework encompassing legislative amendments, judicial training, standards development, infrastructural investment, and collaborative capacity-building among stakeholders. Ultimately, this research contends that while blockchain technology is not a substitute for legal scrutiny, its considered incorporation can significantly strengthen evidentiary reliability and support constitutional principles in South Africa’s evolving digital legal landscape.