Ndimande v S (248/2018)
Ndimande v S (248/2018) [2019] ZASCA 132 (30 September 2019)
The Supreme Court of Appeal found that the identification evidence of Mr Mbatha was unreliable, as it was based on video footage not produced in court and was a dock identification after the appellant had been seen during a pointing out. The trial court and full court misdirected themselves by admitting this evidence without proper corroboration. The pointing out was obtained in violation of the appellant's constitutional rights, including the right to remain silent and to make a statement in court, and was not made freely and voluntarily. The trial court further erred by preventing the appel…
Source excerpt
- Admissibility Of Evidence
- Identification Evidence
- Right To Fair Trial
- Trial Within A Trial
- Constitutional Rights
- Exclusion Of Unfairly Obtained Evidence