RRLLB81
Assignment 2 Semester 2 2025
Unique #:
Due Date: September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, Admittance of “statements” evidence adduced by the accused and ordinary
state witnesses
By
[RRLLB81 STUDENT]
(012345678)
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: September 2025)
ABSTRACT
Varsity Cube 2025 +27 81 278 3372
, The admissibility of statements by accused persons and state witnesses remains a
complex and contested aspect of South African criminal procedure. Courts are often
faced with the challenge of evaluating contradictory accounts, weighing the
evidentiary value of confessions, admissions, and witness testimonies against legal
safeguards protecting the accused’s rights. This paper examines the similarities and
differences in evidentiary weight between statements made by accused persons and
those given by ordinary state witnesses, considering constitutional safeguards,
statutory provisions, and case law. Section 213 of the Criminal Procedure Act 51 of
1977 provides the statutory framework, while leading cases such as S v Mathonsi, S
v Rathumbu, and Makhala v S demonstrate how courts balance fairness with
evidentiary reliability. The research argues that although procedures for admitting
statements differ, both categories of evidence significantly influence trial outcomes.
Proper safeguards are essential to protect fair trial rights and ensure justice.
KEYWORDS
Admissibility of evidence.
Accused statement
State witnesses
Criminal Procedure Act
Evidentiary weight
LIST OF ABBREVIATIONS AND ACRONYMS
Varsity Cube 2025 +27 81 278 3372
Assignment 2 Semester 2 2025
Unique #:
Due Date: September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, Admittance of “statements” evidence adduced by the accused and ordinary
state witnesses
By
[RRLLB81 STUDENT]
(012345678)
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: September 2025)
ABSTRACT
Varsity Cube 2025 +27 81 278 3372
, The admissibility of statements by accused persons and state witnesses remains a
complex and contested aspect of South African criminal procedure. Courts are often
faced with the challenge of evaluating contradictory accounts, weighing the
evidentiary value of confessions, admissions, and witness testimonies against legal
safeguards protecting the accused’s rights. This paper examines the similarities and
differences in evidentiary weight between statements made by accused persons and
those given by ordinary state witnesses, considering constitutional safeguards,
statutory provisions, and case law. Section 213 of the Criminal Procedure Act 51 of
1977 provides the statutory framework, while leading cases such as S v Mathonsi, S
v Rathumbu, and Makhala v S demonstrate how courts balance fairness with
evidentiary reliability. The research argues that although procedures for admitting
statements differ, both categories of evidence significantly influence trial outcomes.
Proper safeguards are essential to protect fair trial rights and ensure justice.
KEYWORDS
Admissibility of evidence.
Accused statement
State witnesses
Criminal Procedure Act
Evidentiary weight
LIST OF ABBREVIATIONS AND ACRONYMS
Varsity Cube 2025 +27 81 278 3372
