,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
This paper examines the admittance of statements evidence in South African
criminal procedure, focusing on statements made by the accused and ordinary
state witnesses. Statements form a crucial component of evidence, influencing the
fairness, outcome, and integrity of criminal trials. The study analyses the legislative
framework, primarily the Criminal Procedure Act 51 of 1977 (CPA), and explores
judicial interpretations regarding the voluntariness, cautioning, and admissibility of
statements. Key distinctions between statements of the accused and ordinary state
witnesses are discussed, emphasizing credibility, weight, and cross-examination
procedures. The paper further evaluates practical implications for investigators,
legal practitioners, and the judiciary, highlighting challenges that arise during trial
proceedings. Through a critical review of relevant case law, the study identifies best
practices and proposes recommendations to enhance the effectiveness of evidence
admissibility in criminal trials. This research contributes to a nuanced understanding
of procedural safeguards, evidentiary standards, and the balance between fair trial
rights and the pursuit of justice.
Keywords
• Statements
• Evidence
• Admissibility
• Accused
• Ordinary State Witnesses
• Criminal Procedure
• Criminal Procedure Act 51 of 1977 (CPA)
• Judicial Interpretation
• Voluntariness
• Cross-Examination
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
This paper examines the admittance of statements evidence in South African
criminal procedure, focusing on statements made by the accused and ordinary
state witnesses. Statements form a crucial component of evidence, influencing the
fairness, outcome, and integrity of criminal trials. The study analyses the legislative
framework, primarily the Criminal Procedure Act 51 of 1977 (CPA), and explores
judicial interpretations regarding the voluntariness, cautioning, and admissibility of
statements. Key distinctions between statements of the accused and ordinary state
witnesses are discussed, emphasizing credibility, weight, and cross-examination
procedures. The paper further evaluates practical implications for investigators,
legal practitioners, and the judiciary, highlighting challenges that arise during trial
proceedings. Through a critical review of relevant case law, the study identifies best
practices and proposes recommendations to enhance the effectiveness of evidence
admissibility in criminal trials. This research contributes to a nuanced understanding
of procedural safeguards, evidentiary standards, and the balance between fair trial
rights and the pursuit of justice.
Keywords
• Statements
• Evidence
• Admissibility
• Accused
• Ordinary State Witnesses
• Criminal Procedure
• Criminal Procedure Act 51 of 1977 (CPA)
• Judicial Interpretation
• Voluntariness
• Cross-Examination