n Annual Survey of South African Law - Constitutional law

Volume 2008, Issue 1
  • ISSN : 0376-4605



2008 (3) SA 608 (CC) concerned the admissibility of extra-curial statements of one accused against a co-accused in a criminal trial. The admissibility of admissions and confessions of a co-accused engages the rules governing hearsay evidence, now crystallized in section 3 of the Law of Evidence Amendment Act 45 of 1988, in addition to the provisions of the Criminal Procedure Act 51 of 1977 ('CPA'). The fair trial and evidence aspects of this case are discussed, respectively, in the chapters on Bill of Rights Jurisprudence and The Law of Evidence. I concern myself here only with the appointment of counsel for the accused and the role of amici curiae in criminal matters, which arose in the matter.

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