S v Murphy and Others - Reasons for Reconsideration of Previous Ruling (CC27/2018)
S v Murphy and Others - Reasons for Reconsideration of Previous Ruling (CC27/2018) [2023] ZAWCHC 185; 2023 (2) SACR 341 (WCC) (12 July 2023)
The court held that the statutory prohibitions in sections 219 and 219A of the Criminal Procedure Act apply broadly to extra-curial confessions and admissions, regardless of whether the maker is a co-accused or an accomplice who becomes a State witness under section 204. The Law of Evidence Amendment Act does not override these prohibitions, as section 3(2) expressly prevents hearsay evidence from being admitted if another law renders it inadmissible. The Constitutional Court in Mhlongo and subsequent cases authoritatively restored the common law position that extra-curial statements by an ac…
Source excerpt
- Admissibility Of Confessions
- Hearsay Evidence
- Criminal Procedure Act Section 219
- Hostile Witness
- Section 204 State Witness
- Fair Trial Rights