VAN DER WESTHUIZEN J
the crime. This evidence is not conclusive, as it cannot be ascertained from where the
information contained in the immigration registry record originates, or when it was
entered into the database.
[33] On all of this information the applicant was born in 1977, 1979 or 1981, and he
was between 16 and 20 years old when the offences were committed. However, none
of the new evidence is admissible under the requirements of Rule 31 of this Court.28
The evidence is neither common cause nor incontrovertible. It is not capable of easy
verification. During oral argument, counsel for the parties agreed that this Court has
to rely on the record, including the High Court’s judgment, rather than on evidence
that has subsequently come to light and which appears contradictory and confusing.
Conclusion on age
[34] It is not possible to reach a conclusion on the applicant’s age based on the
above. In my opinion we are largely left with the references in the judgment of the
High Court. However, the language used is not entirely clear.
28
Rule 31 states:
“Documents lodged to canvas factual material
(1)
(2)
Any party to any proceedings before the Court and an amicus properly admitted by
the Court in any proceedings shall be entitled, in documents lodged with the
Registrar in terms of these rules, to canvas factual material that is relevant to the
determination of the issues before the Court and that does not specifically appear on
the record: Provided that such facts—
(a)
are common cause or otherwise incontrovertible; or
(b)
are of an official, scientific, technical or statistical nature capable of easy
verification.
All other parties shall be entitled, within the time allowed by these rules for
responding to such document, to admit, deny, controvert or elaborate upon such facts
to the extent necessary and appropriate for a proper decision by the Court.”
15
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