South Africa Case Law

Sithole and Another v S (AR370/17)

Sithole and Another v S (AR370/17) [2025] ZAKZPHC 68 (20 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR370/17

Judges

Harrison, Mossop

The court found that the confessions of both appellants were inadmissible due to multiple constitutional and procedural violations. The officers who took the confessions were not independent from the investigating team, and the reasons for not securing a magistrate were vague and insufficient. The appellants were not properly afforded their rights to legal representation prior to making statements, and requests for legal consultation were ignored. There was no medical examination to verify allegations of assault, and the process lacked safeguards to ensure voluntariness and reliability. The a…

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• Admissibility Of Confessions
• Right To Legal Representation
• Self Incrimination
• Fair Trial Rights
• Voluntariness Of Statements

Matanzima and Another v S (A279/2018)

Matanzima and Another v S (A279/2018) [2019] ZAWCHC 24; 2019 (2) SACR 342 (WCC) (8 February 2019)

Court

Western Cape High Court, Cape Town

Case number

A279/2018

Judges

Davis, Steyn, Nuku

High Court criminal appeal on admissibility of statements, voluntary confessions, and circumstantial evidence linking two appellants to murder and firearms offences.

• Admissibility Of Confessions
• Trial Within A Trial
• Voluntariness Of Statements
• Evidentiary Rulings
• Murder
• Possession Of Unlicensed Firearm

Beja and Another v S (17424/2011)

Beja and Another v S (17424/2011) [2016] ZAWCHC 195 (15 December 2016)

Court

Western Cape High Court, Cape Town

Case number

17424/2011

Judges

Pillay, Boqwana

The court found that both appellants' warning statements and the First Appellant's pointing out were not proved to have been made freely and voluntarily. Multiple police witnesses observed injuries on the First Appellant prior to the pointing out and statement, yet failed to investigate the circumstances or possible influence of those injuries on the voluntariness of the statements. The First Appellant's version of assault was reasonably possibly true and should have been fully interrogated before admitting the evidence. In the case of the Second Appellant, although no injuries were observed,…

Source excerpt

• Admissibility Of Confessions
• Voluntariness Of Statements
• Common Purpose
• Constitutional Rights Of Accused
• Trial Within A Trial
• Exclusion Of Evidence

Ngcobo and Another v S (AR40/15)

Ngcobo and Another v S (AR40/15) [2016] ZAKZPHC 28 (18 March 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR40/15

Judges

Koen, Seegobin, Henriques

The court found that the confessions of accused 1 and 3 were not made freely and voluntarily, but rather under circumstances of undue influence and intimidation, including assaults by the community and the police. The officers who recorded the confessions were intimately involved in the investigation, raising concerns about impartiality and the potential for improper inducement. The confessions contained significant contradictions and did not align with the objective evidence, particularly regarding the timeline and sequence of events. The court held that the trial court erred in admitting th…

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• Admissibility Of Confessions
• Voluntariness Of Statements
• Trial Within A Trial
• Murder
• Rape
• Procedural Fairness

S v Mini and Others (B325/2013)

S v Mini and Others (B325/2013) [2015] ZAWCHC 49 (30 April 2015)

Court

Western Cape High Court, Cape Town

Case number

B325/2013

Judges

Le Grange, Rogers

The court found that the admissions and confessions made by accused Nos 1 to 4 were not proved to be voluntary beyond reasonable doubt, given the undisputed assaults by security officers and the lack of proper inquiry into the timing of those assaults relative to the statements. The evidence obtained through coercion, including derivative confessions and identifications, was inadmissible. At the close of the State's case, there was no admissible evidence against accused Nos 1, 3, and 5, and they should have been discharged. The convictions and sentences of these accused were set aside. The co…

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• Admissibility Of Confessions
• Fruit Of The Poisoned Tree
• Voluntariness Of Statements
• Constitutional Rights
• Exclusion Of Evidence
• Assault By Security Officers

Managa and Others v S (118/13)

Managa and Others v S (118/13) [2013] ZASCA 121 (20 September 2013)

Court

Supreme Court of Appeal

Case number

118/13

Judges

Ponnan, Malan, Tshiqi, Petse, Zondi

The Supreme Court of Appeal held that the State’s evidence was insufficient and unreliable, and set aside the appellants’ convictions and sentences.

• Admissibility Of Evidence
• Identification Evidence
• Voluntariness Of Statements
• Irregularities In Trial
• Criminal-law
• Identification-evidence

S v Nzama and Another (AR480/07)

S v Nzama and Another (AR480/07) [2009] ZAKZPHC 13 (2 April 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR480/07

Judges

Kruger, Wallis, Levinsohn

The court found that the State failed to prove beyond a reasonable doubt that the confessions made by the appellants were free and voluntary, and not the result of undue influence, inducement, or coercion. The circumstances under which the confessions were obtained, including police involvement, lack of access to legal representation, and the presence of inducements and threats, raised serious concerns about the voluntariness of the statements. The trial court erred in admitting the confessions and in its approach to the burden of proof. The appeal was allowed, and the convictions and sentenc…

Source excerpt

• Admissibility Of Confessions
• Burden Of Proof
• Constitutional Rights Of Accused
• Trial Within A Trial
• Undue Influence
• Voluntariness Of Statements

S v Mahlathi (CA309/2006)

S v Mahlathi (CA309/2006) [2008] ZAECHC 11 (21 February 2008)

Court

High Courts - Eastern Cape

Case number

CA309/2006

Judges

C Plasket, A Erasmus, D Van Zyl

The High Court held that an admission in a warning statement was admissible under s 219A without certification by the accused, and dismissed the appeal.

• Admissibility Of Admissions
• Criminal Procedure Act Section 219a
• Voluntariness Of Statements
• Credibility Findings
• Admissibility-of-admissions
• Criminal-procedure-act-section-219a

S v Masakale and Another (CC280/05)

S v Masakale and Another (CC280/05) [2007] ZAGPHC 348 (23 August 2007)

Court

High Courts - Gauteng

Case number

CC280/05

Judge

Labe

The court held that the state may cross-examine a witness on inconsistencies between evidence given in a trial within a trial and the main trial.

• Admissibility Of Confessions
• Trial Within Trial
• Cross Examination
• Voluntariness Of Statements
• Criminal-law
• Trial-within-a-trial

S v Moloi and Others (22/2005)

S v Moloi and Others (22/2005) [2005] ZAFSHC 14 (3 November 2005)

Court

Free State High Court, Bloemfontein

Case number

22/2005

Judge

H.M. Musi

The court found that the State had discharged its onus to prove beyond reasonable doubt that the statements made by accused 2 and accused 4 were made freely and voluntarily, without undue influence, and in their sound and sober senses. The evidence of the State witnesses was credible and corroborated in all material respects, while the accuseds' versions were inconsistent, improbable, and lacked credibility. The court further held that the magistrate's recording of the confession by accused 2 was not hearsay, as the magistrate understood the language spoken by the accused, and the absence of…

Source excerpt

• Admissibility Of Confessions
• Hearsay Evidence
• Voluntariness Of Statements
• Criminal Procedure Act Section 217