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South Africa · 4th Year · Law of Evidence

Confessions, Hearsay & Exclusion

Statutes and cases.

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  1. 1.Criminal Procedure Act 51 of 1977, s 217?

    A confession is admissible only if made freely and voluntarily, by a person in sound and sober senses, without undue influence (and before a magistrate or confirmed in writing if made to a police officer).

    CPA 51 of 1977, s 217

  2. 2.S v Zuma (1995) — held?

    The presumption in s 217(1)(b)(ii) CPA that a confession recorded by a magistrate was voluntary (reverse onus) was unconstitutional.

    1995 (2) SA 642 (CC)

  3. 3.Law of Evidence Amendment Act 45 of 1988, s 3?

    Hearsay is inadmissible unless the parties agree, the declarant testifies, or the court admits it in the interests of justice.

    Act 45 of 1988, s 3

  4. 4.Constitution s 35(5)?

    Evidence obtained in violation of the Bill of Rights must be excluded if admitting it would make the trial unfair or otherwise be detrimental to the administration of justice.

    Constitution s 35(5)

  5. 5.Standard of proof in criminal and civil cases?

    Criminal: beyond reasonable doubt. Civil: a balance of probabilities.

    Common law