South Africa Case Law

S v January, Prokureur-Generaal, Natal v Khumalo (341/92, 728/92)

S v January, Prokureur-Generaal, Natal v Khumalo (341/92, 728/92) [1994] ZASCA 106; [1994] 4 All SA 354 (A) (8 September 1994)

Court

Supreme Court of Appeal

Case number

341/92, 728/92

Judges

Van Heerden, Smalberger, Nienaber, Van den Heever, Harms

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…

Source excerpt

• Admissibility Of Evidence
• Involuntary Statements
• Pointing Out
• Extra Curial Admissions
• Criminal Procedure Act
• Confession Evidence