Mhlongo v S; Nkosi v S 2015 (2) SACR 323 (CC)

• Jurisdiction: South Africa
• Author: Donrich W. Thaldar
• DOI: 10.10520/EJC-1070dd7738
• Published date: 01 July 2018
• Date: 01 July 2018
• Record Number: dejure_v51_n1_a13
• Pages: 184-191
• Published By: University of Pretoria

184 2018 De Jure

Mhlongo v S; Nkosi v S

2015 (2) SACR 323 (CC)

The right to be discharged at the end of the prosecution’s case in the context of

possible co-accused incrimination

1Introduction

The subject of this note is whether or not a co-accused person in criminal

proceedings has a right to be discharged at the end of the state’s case,

where there is insufficient evidence on which a reasonable court might

convict him or her; but there is a reasonable possibility that the other co-

accused persons may incriminate him or her and hence supplement the

state’s case. This subject was recently argued before the Constitutional

Court in Mhlongo v S; Nkosi v S 2015 (2) SACR 323 (CC); however,

apparently because a decision in this regard was not deemed necessary,

the Constitutional Court did not make a conclusive decision on the

subject and left the door open (par 41). I suggest that this constitutes an

How to cite: Thaldar ‘Mhlongo v S; Nkosi v S 2015 (2) SACR 323 (CC)’ 2018 De Jure 184-191

http://dx.doi.org/10.17159/2225-7160/2018/v51n1a12