oa Comparative and International Law Journal of Southern Africa - "They brought me to make a confusion"

Volume 17, Issue 3
  • ISSN : 0010-4051



This article reviews the situation in Botswana with regard to the issue of extra-curial statements made during court procedures. The police are left with the notion that while the public wants maintenance of law and order, it does not want to know anything about the interrogation of the accused. Does this not lead inevitably to a situation where policemen may conclude that it is permissible to beat information out of individuals so long as they successfully conceal the means of obtaining evidence from the court? In all the cases the enquiry is essentially factual, which explains the lack of judicial guidance on the principles. The problem is not easily solved, because there are opposing interests. The need to protect the individual, to safeguard his bodily security and freedom from oppression by authority, is counterpoised against the need to protect society from criminals and subvertors of the social system.

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