n Law, Democracy & Development - Making South African criminal procedure more inquisitorial

Volume 5, Issue 1
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



The purpose of the paper is, first. to identify shortcomings in the adversarial process. second, to investigate whether there are ways of adapting the process in the interest of truth-finding. fairness. and efficiency.

The paper commences with an outline of the basic elements of the adversarial and inquisitorial modes of criminal procedure. Then to an exposition of how the operation of the adversarial system in South Africa impedes the realisation of the objectives of the criminal trial. This is followed by a sketch of the current approaches to these problems. In search of solutions. recent developments in international law and foreign jurisdictions dealing with similar issues are then surveyed. The paper concludes with some tentative proposals for further investigation.

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