, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
TABLE OF CONTENT
TOPIC ONE: The tension between the accused's constitutional right to a fair Page 3
trial, the need to protect complainants, and the search for truth in criminal
proceedings
TOPIC TWO: The Processing of Personal Information by Religious Page 18
Organisations under the Protection of Personal Information Act
, THE TENSION BETWEEN THE ACCUSED'S CONSTITUTIONAL RIGHT TO A FAIR
TRIAL, THE NEED TO PROTECT COMPLAINANTS, AND THE SEARCH FOR TRUTH IN
CRIMINAL PROCEEDINGS
by
[FULL NAMES AND SURNAME OF STUDENT]
(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE)
, ABSTRACT
This research report critically investigates the legal principles governing the admissibility of
evidence in sexual offence proceedings, with particular focus on the tension between the accused's
constitutional right to a fair trial, the need to protect complainants, and the search for truth. The study
examines the admissibility of hearsay evidence, previous consistent statements, character evidence,
and evidence of similar facts within the framework of the Criminal Procedure Act 51 of 1977 and the
Sexual Offences and Related Matters Amendment Act 32 of 2007. The report analyses how courts
balance competing interests through judicial discretion and statutory provisions, particularly sections
58 to 60 of the Sexual Offences Act. It is argued that while legislative reforms have sought to protect
complainants, the constitutional imperative of a fair trial remains paramount, requiring courts to
exercise careful judicial oversight in admitting evidence. The research concludes that the tension can
be managed through a principled application of evidentiary rules that prioritise substantive fairness
while recognising the unique challenges of sexual offence prosecutions.
KEYWORDS
Admissibility of Evidence; Fair Trial; Sexual Offences; Hearsay Evidence; Character Evidence
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/acronym Meaning
CPA Criminal Procedure Act 51 of 1977
PELJ Potchefstroom Electronic Law Journal
SACC South African Criminal Case
SACJ South African Journal of Criminal Justice
SA Crime Q South African Crime Quarterly
SALRC South African Law Reform Commission
SCA Supreme Court of Appeal
Sexual Offences Act Sexual Offences and Related Matters Amendment Act 32 of 2007
Journal of Contemporary Roman-Dutch Law / Tydskrif vir
THRHR
Hedendaagse Romeins-Hollandse Reg
TSAR Tydskrif vir die Suid-Afrikaanse Reg
TABLE OF CONTENT
TOPIC ONE: The tension between the accused's constitutional right to a fair Page 3
trial, the need to protect complainants, and the search for truth in criminal
proceedings
TOPIC TWO: The Processing of Personal Information by Religious Page 18
Organisations under the Protection of Personal Information Act
, THE TENSION BETWEEN THE ACCUSED'S CONSTITUTIONAL RIGHT TO A FAIR
TRIAL, THE NEED TO PROTECT COMPLAINANTS, AND THE SEARCH FOR TRUTH IN
CRIMINAL PROCEEDINGS
by
[FULL NAMES AND SURNAME OF STUDENT]
(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE)
, ABSTRACT
This research report critically investigates the legal principles governing the admissibility of
evidence in sexual offence proceedings, with particular focus on the tension between the accused's
constitutional right to a fair trial, the need to protect complainants, and the search for truth. The study
examines the admissibility of hearsay evidence, previous consistent statements, character evidence,
and evidence of similar facts within the framework of the Criminal Procedure Act 51 of 1977 and the
Sexual Offences and Related Matters Amendment Act 32 of 2007. The report analyses how courts
balance competing interests through judicial discretion and statutory provisions, particularly sections
58 to 60 of the Sexual Offences Act. It is argued that while legislative reforms have sought to protect
complainants, the constitutional imperative of a fair trial remains paramount, requiring courts to
exercise careful judicial oversight in admitting evidence. The research concludes that the tension can
be managed through a principled application of evidentiary rules that prioritise substantive fairness
while recognising the unique challenges of sexual offence prosecutions.
KEYWORDS
Admissibility of Evidence; Fair Trial; Sexual Offences; Hearsay Evidence; Character Evidence
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/acronym Meaning
CPA Criminal Procedure Act 51 of 1977
PELJ Potchefstroom Electronic Law Journal
SACC South African Criminal Case
SACJ South African Journal of Criminal Justice
SA Crime Q South African Crime Quarterly
SALRC South African Law Reform Commission
SCA Supreme Court of Appeal
Sexual Offences Act Sexual Offences and Related Matters Amendment Act 32 of 2007
Journal of Contemporary Roman-Dutch Law / Tydskrif vir
THRHR
Hedendaagse Romeins-Hollandse Reg
TSAR Tydskrif vir die Suid-Afrikaanse Reg
