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South Africa decisions
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P.N v Z.N (A2024/033757) [2024] ZAGPJHC 1105 (15 October 2024)
The High Court set aside a magistrate’s dismissal of a final protection order application and referred the matter back for viva voce evidence.
S v Roux (2904/02, PSS131/2002, 50/2002) [2002] ZAWCHC 74; 2007 (1) SACR 379 (C) (2 December 2002)
The court held that a child witness with a speech impairment may testify through a competent interpreter or expert, and remitted the case for trial to proceed.
Nkwentsha v Minister of Law and Order, Republic of South Africa and Another (554/86) [1988] ZASCA 33; [1988] 2 All SA 420 (A) (30 March 1988)
Regulation 3(10) of the emergency regulations does not preclude a detainee from giving viva voce evidence in court. The phrase 'no person shall have access to any person detained' does not apply to the situation where a detainee is produced in court and is under the control of the presiding judge. The court retains jurisdiction to determine the legality of detention, and its inherent powers and Rule 6(5)(g) empower it to order the production of a detainee for oral evidence when necessary for a just and expeditious decision. The security authorities are capable of ensuring the detainee's conti…
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