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South Africa decisions
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Rametsi v S (A308/2021) [2023] ZAGPPHC 20 (18 January 2023)
The High Court set aside Donald Rametsi’s attempted murder conviction after finding hearsay was admitted without proper explanation to an unrepresented accused.
Khanye and Another v S (CCT86/16) [2017] ZACC 29; 2017 (11) BCLR 1399 (CC); 2017 (2) SACR 630 (CC) (10 August 2017)
The Constitutional Court held that an accused’s extra-curial admissions are inadmissible against a co-accused. With no other proof, the convictions could not stand.
Litako and Others v S (584/2013) [2014] ZASCA 54; [2014] 3 All SA 138 (SCA); 2014 (2) SACR 431 (SCA); 2015 (3) SA 287 (SCA) (16 April 2014)
The Supreme Court of Appeal held that the extra-curial admission made by the first appellant was inadmissible against his co-accused. The court reaffirmed the common law and statutory position that such statements are only admissible against their maker and not against others, regardless of whether they are characterised as admissions or confessions. The court found that the trial court erred in admitting the statement under section 3 of the Law of Evidence Amendment Act, as this provision does not override the exclusionary rule established by section 219A of the Criminal Procedure Act and th…
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S v January, Prokureur-Generaal, Natal v Khumalo (341/92, 728/92) [1994] ZASCA 106; [1994] 4 All SA 354 (A) (8 September 1994)
The Supreme Court of Appeal held that evidence of an involuntary pointing out by an accused is not admissible in criminal proceedings, even if something relevant to the charge is discovered as a result. The court found that section 218(2) of the Criminal Procedure Act does not override the requirement for voluntariness established by section 219A and the common law. Previous decisions permitting the admission of involuntary pointings out were expressly overruled. The court emphasized that the protection against involuntary admissions is fundamental to the fairness of criminal trials and the r…
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