S v Lekhwareni and Others (SS 073/2015) [2016] ZAGPJHC 155 (16 May 2016)

S v Lekhwareni and Others (SS 073/2015) [2016] ZAGPJHC 155 (16 May 2016)

The court held that the written statement made by accused number four to the investigating officer was inadmissible as evidence. The statement was exculpatory and not a confession or admission under section 219A of the Criminal Procedure Act. The court found that, regardless of the purpose for which the statement was tendered, any extracurial statement made to a person in authority must be shown to have been made freely and voluntarily. The evidence presented did not satisfy the court, beyond reasonable doubt, that the statement was made freely and voluntarily. The circumstances surrounding the taking of the statement, including prior police contact and the accused's testimony of threats,...

Citation
[2016] ZAGPJHC 155
Parties
Applicant: State; Respondent: Lekhwareni, Thifhulufhelwi Santy; Respondent: Muenda, Olwethu; Respondent: Khorombi, Lufuno; Respondent: Makhuvha, Rambani Erick; Respondent: Mokgabudi, Tshepo; Respondent: Letsoela, Teme
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 May 2016
Case Number
SS 073/2015
Procedural Posture
Criminal Trial / Trial Within a Trial on Admissibility of Statement
Outcome
The written statement made by accused number four is excluded from evidence.
Judges
Spilg
Legal Topics
Admissibility of Extracurial Statements, Hearsay Evidence, Onus of Proof, Voluntariness, Credibility, Constitutional Rights
Criminal Law Admissibility of Extracurial Statements Hearsay Evidence Onus of Proof Voluntariness Credibility Constitutional Rights

Case Brief

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Parties

State

Applicant

Lekhwareni, Thifhulufhelwi Santy

Respondent

Muenda, Olwethu

Respondent

Khorombi, Lufuno

Respondent

Makhuvha, Rambani Erick

Respondent

Mokgabudi, Tshepo

Respondent

Letsoela, Teme

Respondent

Procedural Posture

Criminal Trial / Trial Within a Trial on Admissibility of Statement

Legal Issues

  1. 1 Whether the written statement made by accused number four to the investigating officer is admissible as evidence.
  2. 2 Whether the statement was made freely and voluntarily.
  3. 3 Whether the statement constitutes a confession, admission, or exculpatory statement under section 219A of the Criminal Procedure Act.

Ratio Decidendi

The court held that the written statement made by accused number four to the investigating officer was inadmissible as evidence. The statement was exculpatory and not a confession or admission under section 219A of the Criminal Procedure Act. The court found that, regardless of the purpose for which the statement was tendered, any extracurial statement made to a person in authority must be shown to have been made freely and voluntarily. The evidence presented did not satisfy the court, beyond reasonable doubt, that the statement was made freely and voluntarily. The circumstances surrounding the taking of the statement, including prior police contact and the accused's testimony of threats,...

Court Disposition

The written statement made by accused number four is excluded from evidence.

Orders

  • The written statement made by accused number four to the investigating officer is excluded from evidence and may not be used by the State.