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South Africa Case Law

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Criminal Law [2024] ZACC 28

Mawanda Makhala and Another v Director of Public Prosecutions, Western Cape (CCT 237/22)

Mawanda Makhala and Another v Director of Public Prosecutions, Western Cape (CCT 237/22) [2024] ZACC 28; 2025 (1) SACR 275 (CC); 2025 (4) BCLR 399 (CC) (20 December 2024)

Court
Constitutional Court
Case number
CCT 237/22
Judges
Madlanga ADCJ, Bilchitz AJ, Chaskalson AJ, Dodson AJ, Majiedt J, Mathopo J, Mhlantla J, Theron J, Tshiqi J

The Constitutional Court held that recanted section 204 statements could not sustain the convictions without sufficient corroboration and set them aside.

  • Admissibility Of Evidence
  • Section 204 Witness
  • Hearsay Evidence
  • Fair Trial Rights
  • Recanted Statements
  • Burden Of Proof
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.