S v Lenting and Others (CC08/2018)
S v Lenting and Others (CC08/2018) [2025] ZAWCHC 341 (11 August 2025)
The Court found that Delano Saptoe was a co-accused of accused 3 and 14 at the time he made the warning statement in the lower court. The statement was made after the alleged offence and did not advance a common purpose; it was a narrative statement recounting past events. The statement did not qualify as an executive statement under the common law exception and thus could not be admitted against accused 3 and 14. Furthermore, the statement was taken in violation of Saptoe's constitutional right to legal representation, as he requested a lawyer before giving the statement but was denied one.…
Source excerpt
- Hearsay Evidence
- Admissibility Of Warning Statement
- Co Accused Statements
- Constitutional Right To Legal Representation
- Executive Vs Narrative Statement
- Law Of Evidence Amendment Act