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Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).
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Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
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https://www.supremecourtofappeal.org.za/
2 judgments
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2 judgments
Citation
Judgment date
April 2008
S v Mthembu (379/2007) [2008] ZASCA 51 (10 April 2008)
Reported
Evidence and real items obtained through torture are inadmissible, even when an accomplice testifies later.
Constitutional law; s 35(5) – exclusion of evidence obtained in violation of rights; torture – absolute prohibition and international law (CAT) – evidence and real objects obtained by torture inadmissible; third-party/accomplice evidence – exclusion where discovered as result of torture; distinction between tainted and untainted evidence.
 10 April 2008
S v Maneli (494/2007) [2008] ZASCA 50 (1 April 2008)
Reported
Robberies of an office and nearby house during one planned attack constituted a single offence; duplicate conviction set aside.
Criminal law – Robbery – duplication of convictions – whether thefts from an office and nearby house during one planned attack constitute one continuous criminal transaction – applicable tests: single intent/continuous transaction and evidentiary overlap.
 1 April 2008