S v Potwana and Others (66/91)
S v Potwana and Others (66/91) [1993] ZASCA 194 (30 November 1993)
The Supreme Court of Appeal found that the trial court committed material misdirections and irregularities in admitting the confessions of the appellants. The trial court placed undue emphasis on the truthfulness and detail of the confessions, equating denial of authorship with lack of credibility, and failed to properly assess the evidence of threats and assaults. The court also disregarded relevant evidence, including the testimony of Rose Mahlanga, which supported the appellants' version of police misconduct. The failure to bring the appellants before a magistrate to record their confessio…
Source excerpt
- Admissibility Of Confessions
- Voluntariness Of Statements
- Third Degree Tactics
- Onus Of Proof
- Trial Irregularity