CCT10/07

[2008] ZACC 2

2008 (3) SA 608 (CC)

2008 (5) BCLR 451 (CC)

2008 (2) SACR 76 (CC)

Nkabinde J

4 March 2008

http://hdl.handle.net/20.500.12144/3258

Application for leave to appeal against the judgment and order of the SCA in S v Molimi and Another 2006 (2) SACR 8 (SCA). The SCA had dismissed the appeal by the appellants against their convictions in the Johannesburg High Court in S v Mbambo Sifiso and Others CC165/01, 9 October 2003, unreported. The applicant also seeks condonation for the late filing of the application for leave to appeal.

Challenge against the constitutionality of evidence (statements made by co accuseds in a criminal trial) used against an accused (the applicant), in terms of Section 3 of the Law of Evidence Amendment Act, 1988. The court held that the statements of the co accused were not admissible against the applicant. The admissible evidence of the cell phone records alone was insufficient to prove the applicant?s guilt beyond reasonable doubt. The Court refrained from expressing any view on the question of whether the admission of hearsay evidence in terms of the Law of Evidence Amendment Act denies the accused the right to cross-examination. Majority: Nkabinde J (unanimous)