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South Africa decisions
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S v Mafahle and Others (4/2018) [2019] ZAFSHC 266 (5 July 2019)
High Court criminal trial over gang-related murders and robberies in Bloemfontein. Some accused were acquitted, while others were convicted on all counts.
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 t…
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