Article by Kotie Geldenhuys with legal input from Brig (ret) Dirk Lambrechts
Photos courtesy of Freepik and Pix4Free
Certain civil and criminal cases are too complex to be resolved without expert guidance. The role of an expert is a unique and vital one namely to assist the court in cases where specialised knowledge is required that is beyond the judge’s expertise.
In complex legal cases involving specialised fields such as psychiatry, ballistics, medicine, finance, engineering or cybersecurity, expert witnesses play a crucial role. These experts bring advanced knowledge, skills and experience directly relevant to the case, offering critical insights into both criminal and civil matters. Their expertise allows them to provide informed opinions on topics that are often beyond the scope of the court’s general understanding. As Judge Gregorowski once stated: “Judges cannot claim the same level of experience and study, and if experts have a fixed standard and offer their opinions with certainty, it would be unwise for the judges to disagree with them” (Moorcroft, nd).
However, when a court lacks the specialised knowledge needed to assess certain matters, it faces the challenge of determining whether to accept the expert’s opinion. To do so, the court must evaluate whether the expert’s qualifications and evidence support their conclusions.
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[This is only an extract of an article that is published in Servamus: April 2025. This article is available for purchase.]