S v January, Prokureur-Generaal, Natal v Khumalo (341/92, 728/92) [1994] ZASCA 106; [1994] 4 All SA 354 (A) (8 September 1994)

S v January, Prokureur-Generaal, Natal v Khumalo (341/92, 728/92) [1994] ZASCA 106; [1994] 4 All SA 354 (A) (8 September 1994)

The Supreme Court of Appeal held that evidence of an involuntary pointing out by an accused is not admissible in criminal proceedings, even if something relevant to the charge is discovered as a result. The court found that section 218(2) of the Criminal Procedure Act does not override the requirement for voluntariness established by section 219A and the common law. Previous decisions permitting the admission of involuntary pointings out were expressly overruled. The court emphasized that the protection against involuntary admissions is fundamental to the fairness of criminal trials and the reliability of evidence. Accordingly, the appellant's conviction, which relied on evidence obtained...

Citation
[1994] ZASCA 106
Parties
Appellant: M P January; Respondent: The State; Appellant: Prokureur-Generaal: Natal; Respondent: S M Khumalo
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 September 1994
Case Number
341/92, 728/92
Procedural Posture
Criminal Appeal / Appeal Hearing Before Supreme Court of Appeal
Outcome
Appeal upheld; conviction set aside.
Judges
Van Heerden, Smalberger, Nienaber, Van den Heever, Harms
Legal Topics
Admissibility of Evidence, Involuntary Statements, Pointing Out, Extra Curial Admissions, Criminal Procedure Act, Confession Evidence
Criminal Law Admissibility of Evidence Involuntary Statements Pointing Out Extra Curial Admissions Criminal Procedure Act Confession Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

M P January

Appellant

The State

Respondent

Prokureur-Generaal: Natal

Appellant

S M Khumalo

Respondent

Procedural Posture

Criminal Appeal / Appeal Hearing Before Supreme Court of Appeal

Legal Issues

  1. 1 Is evidence of an involuntary pointing out by an accused admissible in a criminal trial if something relevant to the charge is discovered as a result?
  2. 2 Does section 218(2) of the Criminal Procedure Act 51 of 1977 permit admission of involuntary pointings out?
  3. 3 Does a pointing out constitute an extra-curial admission under section 219A of the Criminal Procedure Act?

Ratio Decidendi

The Supreme Court of Appeal held that evidence of an involuntary pointing out by an accused is not admissible in criminal proceedings, even if something relevant to the charge is discovered as a result. The court found that section 218(2) of the Criminal Procedure Act does not override the requirement for voluntariness established by section 219A and the common law. Previous decisions permitting the admission of involuntary pointings out were expressly overruled. The court emphasized that the protection against involuntary admissions is fundamental to the fairness of criminal trials and the reliability of evidence. Accordingly, the appellant's conviction, which relied on evidence obtained...

Court Disposition

Appeal upheld; conviction set aside.

Orders

  • The appeal is upheld.
  • The conviction of the appellant is set aside.