Splet08. jun. 2011 · This issue was aptly captured by HOLMESJA in S v Mthethwa 1972 (3) SA 766 (A) at page 768 in the following terms: “Because of fallibility of human observation, evidence of identification is approached by the courts with some caution. It is not enough for the identifying witness to be honest: the reliability of his observation must also be … Splet3. Before embarking on the merits of the case a deeply troubling issue must be addressed. It concerns the wanton delay to finalise the trial. Section 35(3)(d) of the Constitution of …
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL …
http://www.joasa.org.za/newarticles/LAW%20AND%20PRACTICE%20%20-%20QUICK%20GUIDE%20TOPICS.docx Splet10 Jan 2013. [1] SECTION 35(5) of the Constitution of South Africa provides : “ Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the … brunswick county school schedule
Judicial Understanding of the Reliability L MEINTJES VAN DER
Splet1 S v Mthethwa 1972 (3) SA 766 (A) at 768A-C. 4 probabilities …”. [6] Mr Geldenhuys, counsel for the appellant, submitted that the complainant might have been mistaken … Splet(CC); and Sanderson v Attorney-General, Eastern Cape 1998 (2) SA 38 (CC). Needless enquiries in terms of s 342A of the Criminal Procedure Act (CPA), 51 of 1977, into inordinate delays into disposing of or completing cases would also be avoided. See S v Thenga 2012 (2) SACR 628 (NCK) and cases cited therein particularly S v Maredi 2000 (1) SACR ... Splet3S v Artman and Another 1968 (3) SA 339 (A) at 341C) 7 . offence involving dishonesty, where he has not had proper opportunities for observation, etc, etc.” [18] In this matter the mplainant’s version of the rapeco , which the court a quo pointed out, was clear and straight forward. She did not contradict herself and example of macromolecular colloids