S v Msimango and Another (187/2005)
S v Msimango and Another (187/2005) [2009] ZAGPJHC 34; [2009] 4 All SA 529 (GSJ) ; 2010 (1) SACR 544 (GSJ) (27 July 2009)
The court held that no probative value should be attached to the evidence of a witness whose cross-examination was incomplete due to death or other absence, regardless of whether the witness was called by the prosecution, defence, or the court. This approach is justified by the constitutional right to adduce and challenge evidence, which includes the right to cross-examine. The court found that accepting such evidence would undermine the fairness of the trial and could not pass constitutional scrutiny. In the present case, although the deceased witness, Insp Obisi, was not the sole witness on…
Source excerpt
- Right To Cross Examination
- Admission Of Evidence
- Constitutional Right To Fair Trial
- Incomplete Cross Examination
- Probative Value Of Evidence