Court procedures in South Africa

Abstract

Pre-trial motions that are intended to exclude evidence on the basis of exclusionary rules are not prominent in the South African legal system. Instead, objections to the admissibility of statements such as confessions or admissions are dealt with at the trial stage in a procedure that is known as the “trial-within-a-trial” system. The South African Constitutional Court has held that an accused person is constitutionally entitled to pre-trial discovery of all evidence in police files, unless said evidence compromises the identity of a witness/informer etc. South African trial proceedings are largely adversarial. According to the principle of the presumption of innocence, prosecutors are required to prove their case beyond a reasonable doubt. When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/33827