Recent Case: Evidence

JurisdictionSouth Africa
Pages380-384
Citation(2000) 13 SACJ 380
Published date24 May 2019
AuthorPJ Schwikkard
Date24 May 2019
380
SACJ •
(2000) 13 •
SAS
Evidence
PJ SCHWIKKARD
Faculty of Law, Rhodes University
Access to information
The applicant in
S v Mahlangu
2000 (1) SACR 565 (W) had been required to
appear before a magistrate for an inquiry in terms of s 205 of the Criminal
Procedure Act. Section 205(1) allows a judicial officer to require a person,
who is likely to give material or relevant information as to any alleged
offence, to attend in order to be examined by the public prosecutor. If the
person fails to give the necessary information he or she may be imprisoned
where imprisonment is necessary for the administration of justice or the
maintenance of law and order.
The applicant sought an order from the High Court requiring the state to
inform the applicant prior to s 205 proceedings of what information it
required from him and to furnish him with copies of transcripts of recorded
telephone conversations thought to be in possession of the state.
Snyders J held that the applicant was neither an accused nor a witness in
respect of s 205 proceedings, he was merely an examinee. Consequently, the
rights accruing to accused persons and witnesses's could not be said to
accrue to the applicant.
(2000) 13 SACJ 380
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