Recent Case: Evidence

• Jurisdiction: South Africa
• Date: 28 August 2019
• Author: PJ Schwikkard
• Pages: 114-120
• Citation: (1997) 10 SACJ 114
• Published date: 28 August 2019

114

SACJ •

(1997) 10 •

SAS

Evidence

PJ SCHWIKKARD

University of Natal, Pietermaritzburg

Adequacy of proof

On review, the court in

S v Khosola

1996 (2) SACR 162 (0) in setting aside

conviction and sentence in respect of a contravention of s 15

(a)

of Ordinance

8 of 1969 (OFS) held that a mere contradiction between the accused's version

and that of a defence witness did not justify the courts conclusion that the

accused had lied when testifying that he did not know that he needed an

export licence in respect of four land tortoises.

Admissibility

Admissibility—admissions and confessions

Prior to the interim constitution failure to advise a person of her right to legal

representation was merely a factor to be taken into account in determining

(1997) 10 SACJ 114

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