S v Molangeni (312/2001)
S v Molangeni (312/2001) [2001] ZANCHC 14 (22 June 2001)
The court found that the accused's statement, in the context of the surrounding circumstances—namely, the discovery of a substantial quantity of dagga, the lack of ownership claimed by other passengers, and the accused's absence of luggage—amounted to a confession rather than a mere admission. As the confession was made to a peace officer and did not comply with the requirements of section 217(1)(a) of the Criminal Procedure Act, it was inadmissible as evidence. The conviction, which was based solely on this inadmissible confession, was therefore unsound in law and could not stand.
Source excerpt
- Admissibility Of Confessions
- Criminal Procedure Act Section 217
- Evidence In Criminal Trials