Pre-trial motions that are intended to exclude evidence on the basis of exclusionary rules are not prominent in the South African legal system. Instead, objections to the admissibility of statements such as confessions or admissions are dealt with at the trial stage in a procedure that is known as the “trial-within-a-trial” system. The South African Constitutional Court has held that an accused person is constitutionally entitled to pre-trial discovery of all evidence in police files, unless said evidence compromises the identity of a witness/informer etc. South African trial proceedings are largely adversarial. According to the principle of the presumption of innocence, prosecutors are required to prove their case beyond a reasonable doubt...
In this case the court was called upon to exclude certain evidence against one of the accused in ter...
The South African Law Commission recently rejected the proposal that prerecorded videotaped evidence...
Bail in the South African context is a very contentious issue. Over the years, courts have had to de...
Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of unc...
Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of unc...
The South African criminal justice process is such that there is an inevitable lapse of time between...
The court noted in S v Mbelo 2003 (1) SACR 84 (NCD) that `[w]here the age of either an accused or a ...
In S v Ndhlovu (2002 (2) SACR 325 (SCA)), the court opened the door to the admissibility of extra-cu...
Testifying in a courtroom is a stressful experience for any witness. This stress is heightened where...
Pre-trial publicity regarding a pending criminal case, which publicity may be in the form of media c...
Pre-trial publicity regarding a pending criminal case, which publicity may be in the form of media c...
Rape is one of the most underreported crimes worldwide, not least because of the trauma facing compl...
Criminal procedure in South Africa is outdated and does not produce speedy justice. The Criminal Pro...
Illegally or unconstitutionally obtained evidence: a South African perspective This article is base...
Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of un...
In this case the court was called upon to exclude certain evidence against one of the accused in ter...
The South African Law Commission recently rejected the proposal that prerecorded videotaped evidence...
Bail in the South African context is a very contentious issue. Over the years, courts have had to de...
Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of unc...
Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of unc...
The South African criminal justice process is such that there is an inevitable lapse of time between...
The court noted in S v Mbelo 2003 (1) SACR 84 (NCD) that `[w]here the age of either an accused or a ...
In S v Ndhlovu (2002 (2) SACR 325 (SCA)), the court opened the door to the admissibility of extra-cu...
Testifying in a courtroom is a stressful experience for any witness. This stress is heightened where...
Pre-trial publicity regarding a pending criminal case, which publicity may be in the form of media c...
Pre-trial publicity regarding a pending criminal case, which publicity may be in the form of media c...
Rape is one of the most underreported crimes worldwide, not least because of the trauma facing compl...
Criminal procedure in South Africa is outdated and does not produce speedy justice. The Criminal Pro...
Illegally or unconstitutionally obtained evidence: a South African perspective This article is base...
Section 35(5) of the Constitution of the Republic of South Africa, 1996 governs the exclusion of un...
In this case the court was called upon to exclude certain evidence against one of the accused in ter...
The South African Law Commission recently rejected the proposal that prerecorded videotaped evidence...
Bail in the South African context is a very contentious issue. Over the years, courts have had to de...