A missing link in the Traditional Courts Bill 2017 evidence obtained through human rights violations
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Date
2018
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ISS & the University of Cape Town
Abstract
The issue of admission of evidence obtained through human rights violations is central to a criminal
justice system as a mechanism through which to prevent overzealous prosecution by the state and
ensure protection of human rights. As such, any court that deals with criminal cases has to evaluate
evidence before it is admitted. This article argues that the Traditional Courts Bill (TCB)1 does not
provide for a mode of dealing with evidence obtained as a result of human rights violations. To
substantiate this argument, the article reviews the current Bill, and reflects on the challenges that
arise with regard to evidence obtained in this way. The article contextualises section 35(5) of the
Constitution of the Republic of South Africa, and discusses the practical difficulties of applying it
under the current Bill. The article concludes with recommendations for measures that can ensure that
accused persons are not prejudiced when appearing before the court.
Description
Keywords
Admission of evidence, Human rights violations, Criminal justice system, State prosecution
Citation
Nanima, R.D. (2018). A missing link in the Traditional Courts Bill 2017. South Africa Crime Quarterly, 65: 23-31.