Recent Case: Evidence

• Jurisdiction: South Africa
• Pages: 139-143
• Author: P J Schwikkard
• Date: 24 May 2019
• Published date: 24 May 2019
• Citation: (2002) 15 SACJ 139

Recent Cases • Vonnisse

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139

Evidence

PJ SCHWIKKARD

University of Cape Town

Admissions and confessions

Pointing out

In

S v Maake

2001 (2) SACR 288 (W), the court dealt with the application of

the general rule that the contents of a disputed admission or confession

(including a pointing out) may not be put before the court prior to a ruling in

respect of their admissibility. Borchers J, applying the dictum of the Appellate

Division in

S v Potwana

1994 (1) SACR 159 (A), held that the exception to this

rule, that permits the contents of the disputed statement to be admitted prior

to a determination of admissibility where the accused alleges that he or she

(2002) 15 SACJ 139

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