NCJ Number
93462
Journal
South African Journal of Criminal Law and Criminology Volume: 6 Issue: 3 Dated: (1982) Pages: 250-261
Date Published
1982
Length
12 pages
Annotation
South African courts would not be setting a precedent but would be merely adhering to accepted standards elsewhere if they rejected evidence from detainees out of hand, except where other nondetainee evidence supported it.
Abstract
Section 29 of the South African Internal Security Act 74 of 1982 authorizes indefinite detention for purposes of questioning. The law denies access to a detainee by all persons except for government officials or those serving them, although a magisrate and a physician visit once every 2 weeks. The law also allows detention until the detainee has provided satisfactory replies to all questions, although the definition of satisfactory has not been determined. In addition, since detainees are subject to solitary confinement, it can be argued that they are victims or coercive persuasion or even psychological torture. Moreover, the numerous deaths in detention and countless complaints of assaults by police lead to the inescapable conclusion that the wide powers of the police and the incommunicado questioning are leading to widespread abuse. Other nations, particulary the United States, have made clear and strong statements rejecting coerced evidence from witnesses. South African courts should recognize that a trial based on evidence obtained entirely from detainees cannot result in justice in the real sense. Suggestions that the end justifies the means in cases involving the safety of the nation would, if adopted, undermine all law and order and lead to anarchy. Sixty foototes are supplied.