Tsewu and Others v President of Regional Court for the Regional Division of Eastern Cape and Others (219/86) [1987] ZASCA 51 (25 May 1987)

Tsewu and Others v President of Regional Court for the Regional Division of Eastern Cape and Others (219/86) [1987] ZASCA 51 (25 May 1987)

The Supreme Court of Appeal held that section 29(8) of the Internal Security Act clearly and expressly excludes the operation of section 335 of the Criminal Procedure Act in respect of statements made by detainees during detention. The appellants remained in detention while making statements before the magistrate, and no formal act of release occurred. The statutory exclusion applies regardless of whether the statement was made to a magistrate or a police officer. The only exception is if the prosecutor puts any part of the statement to the accused during subsequent criminal proceedings, in which case a copy must be furnished. The court rejected the argument that it had a discretion to...

Citation
[1987] ZASCA 51
Parties
Appellant: Fuzile Howard Tsewu; Appellant: Nontembiso Eslina Ndabeni; Appellant: Bukiwe Getrude Sofute; Respondent: President of the Regional Court for the Regional Division of Eastern Cape; Respondent: Attorney General, Eastern Cape Division; Respondent: Senior State Prosecutor
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 May 1987
Case Number
219/86
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application for Mandamus in Lower Court
Outcome
Appeal dismissed with costs.
Judges
Viljoen, Hefer, Vivier, Boshoff, Steyn
Legal Topics
Internal Security Act, Disclosure of Evidence, Fair Trial Rights, Criminal Discovery, Statements by Accused
Criminal Law Civil Procedure Internal Security Act Disclosure of Evidence Fair Trial Rights Criminal Discovery Statements by Accused

Case Brief

Summary, issues, holding and outcome

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Parties

Fuzile Howard Tsewu

Appellant

Nontembiso Eslina Ndabeni

Appellant

Bukiwe Getrude Sofute

Appellant

President of the Regional Court for the Regional Division of Eastern Cape

Respondent

Attorney General, Eastern Cape Division

Respondent

Senior State Prosecutor

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application for Mandamus in Lower Court

Legal Issues

  1. 1 Whether section 29(8) of the Internal Security Act precludes the appellants from obtaining copies of their own statements made during detention.
  2. 2 Whether statements made before a magistrate while detained under section 29 are covered by the statutory exclusion of section 335 of the Criminal Procedure Act.
  3. 3 Whether the court has a discretion to order production of such statements in the interests of fairness.

Ratio Decidendi

The Supreme Court of Appeal held that section 29(8) of the Internal Security Act clearly and expressly excludes the operation of section 335 of the Criminal Procedure Act in respect of statements made by detainees during detention. The appellants remained in detention while making statements before the magistrate, and no formal act of release occurred. The statutory exclusion applies regardless of whether the statement was made to a magistrate or a police officer. The only exception is if the prosecutor puts any part of the statement to the accused during subsequent criminal proceedings, in which case a copy must be furnished. The court rejected the argument that it had a discretion to...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.