Comments: Voice evidence in criminal trials: Reflections on the court’s application of section 37(1)(c) of the CPA in S v Mahlangu 2018 (2) SACR 64 (GP)

• Jurisdiction: South Africa
• Pages: 76-85
• Published date: 04 July 2019
• Date: 04 July 2019
• Citation: (2019) 32 SACJ 76
• Author: Chesné Albertus

Voice evidence in criminal

trials: Reections on the court’s

application of section 37(1)(c) of

the CPA in S v Mahlangu 2018 (2)

SACR 64 (GP)

CHESNÉ ALBERTUS

University of the Western Cape

ROBERT DOYA NANIMA

University of the Western Cape

ABRAHAM J HAMMAN

University of the Western Cape

1 Introduction

In South Africa, voice identication parades in criminal trials are very

rare (AH Kruger Hiem stra: Suid-Afrikaanse Strafp roses 7ed (2010)

95). Consequently, convictions based mainly on such evidence are

not common in South Africa. The conviction of the accused in S v

Mahlangu (2018 (2) SACR 64 (GP)) based exclusively on evidence from

such a voice parade therefore evokes interest and closer scrutiny. Such

interest is intensied when considering the facts of the case which

appear to indicate the possible confusion of voice recognition and

voice identication at an identication parade. As a result, the authors

contextualise the case, discuss the concepts of voice recognition and

voice identication and interrogate the evidentiary and procedural

aspects of voice identication in crim inal cases. The authors also

question the appropriateness of applying the general principles

of identication parades to voice identication parades without

considering the unique nature of such evidence and employing

additional safeguards. Finally, the authors make recommendations to

improve the admissibility of voice identication evidence.

COMMENT

76

(2019) 32 SACJ 76

© Juta and Company (Pty) Ltd