South Africa Case Law

Parbhoo and Others v Getz and Others (CCT16/97)

Parbhoo and Others v Getz and Others (CCT16/97) [1997] ZACC 9; 1997 (10) BCLR 1337; 1997 (4) SA 1095 (18 September 1997)

Court

Constitutional Court

Case number

CCT 16/97

Judges

Ackermann, Chaskalson, Langa, Kriegler, Goldstone, Madala, Mokgoro, O'Regan, Sachs

Section 415(3) read with section 415(5) of the Companies Act 1973 is constitutionally invalid to the extent that it allows incriminating answers given under compulsion at creditors' meetings to be used against the person in subsequent criminal proceedings, except for proceedings relating to perjury or failure to answer lawfully. This is inconsistent with the right to a fair trial and the right not to be compelled to give self-incriminating evidence as guaranteed by section 35(3)(j) of the 1996 Constitution. The High Court's order of invalidity must be confirmed by the Constitutional Court bef…

Source excerpt

• Right To Fair Trial
• Self Incrimination
• Companies Act Section 415
• Confirmation Of Invalidity
• Constitutional Procedure