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Criminal Law [2019] ZASCA 169

Malherbe v S (1182/2018)

Malherbe v S (1182/2018) [2019] ZASCA 169; 2020 (1) SACR 227 (SCA) (29 November 2019)

The Supreme Court of Appeal found that the search warrant was invalid as it was not issued on the basis of information given under oath, contrary to the requirements of s 21(1)(a) of the Criminal Procedure Act. The trial court erred in accepting an unsworn statement as sufficient. As a result, all items seized under the warrant were inadmissible. The admissions made by the appellant were compelled by the incorrect ruling that the warrant was valid and were insufficient to justify conviction, lacking reference to the Act and the necessary mens rea. The admission of evidence obtained through th…

  • Search And Seizure
  • Admissibility Of Evidence
  • Fair Trial Rights
  • Films And Publication Act
  • Child Protection Register
  • Bill Of Rights Limitation
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