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South Africa decisions
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S v Nthai (SS33/2022) [2024] ZAGPJHC 1091 (24 October 2024)
In a trial-within-a-trial, the High Court held that a founding affidavit handed over by the accused was voluntary, relevant, and admissible in the criminal case.
Masuku and Another v S (AA12/2017) [2018] ZALMPPHC 23 (8 June 2018)
The High Court upheld an appeal against convictions for housebreaking, murder, attempted murder and firearm offences, finding key evidence inadmissible or unreliable.
Molaudzi v S (A422/2015) [2016] ZAGPPHC 975 (29 November 2016)
The Full Court set aside Bethuel Molaudzi’s conviction and sentence after finding the pointing out evidence was not proved to be freely and voluntarily made.
S v Lekhwareni and Others (SS 073/2015) [2016] ZAGPJHC 155 (16 May 2016)
The court held that the written statement made by accused number four to the investigating officer was inadmissible as evidence. The statement was exculpatory and not a confession or admission under section 219A of the Criminal Procedure Act. The court found that, regardless of the purpose for which the statement was tendered, any extracurial statement made to a person in authority must be shown to have been made freely and voluntarily. The evidence presented did not satisfy the court, beyond reasonable doubt, that the statement was made freely and voluntarily. The circumstances surrounding t…
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Transnet Ltd t/a National Ports Authority v The MV Cleopatra Dream and Another (163/10) [2011] ZASCA 12; [2011] 3 All SA 279 (SCA); 2011 (5) SA 613 (SCA) (11 March 2011)
The court dismissed Transnet’s salvage claim, holding the port authority acted under statutory and common law duties and was not entitled to a reward.
S v Cloete (489/90) [1991] ZASCA 91 (30 August 1991)
The court upheld the murder and robbery convictions, finding the confession admissible and sufficiently confirmed, but substituted life imprisonment for death.
S v Khuzwayo (70/89) [1990] ZASCA 29 (29 March 1990)
The Supreme Court of Appeal held that, where an accused alleges that the content of a confession was dictated by the police, cross-examination on the material content of the confession is permissible to test the credibility of the allegation. The court found that the trial court did not err in allowing such cross-examination and that the appellant's claim of coercion and dictation was demonstrably false. The police witnesses were found credible, and the appellant's version was rejected. The court further held that any minor misdirections by the trial court did not materially affect the outcom…
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S v Stuurman (469/88) [1989] ZASCA 58 (22 May 1989)
The court held that the appellant’s confession and pointings-out were not shown to be voluntary, so both were inadmissible and the conviction could not stand.
S v Goosen (129/1986) [1987] ZASCA 121 (30 September 1987)
The Appellate Division upheld a murder conviction, rejecting claims of involuntariness, lack of criminal capacity, and no intent based on intoxication and tablets.
S v Shezi (72/85) [1985] ZASCA 55; [1985] 2 All SA 423 (A) (30 May 1985)
The court held that a detainee’s demonstration of how explosives worked was admissible as evidence of knowledge, not as an admission requiring voluntariness.
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