NPA ‘stolen’ #GuptaLeaks claim won’t stand in SA law

The ‘fruits of a poisoned tree’ doctrine used by the National Prosecuting Authority (NPA) in the #GuptaLeaks case isn’t valid in South African law, Wits University Associate Professor James Grant said on Monday.

Reports on Sunday said prosecutors guiding the investigation into state capture believe the emails don’t constitute evidence against President Jcob Zuma’s friends, the Guptas, or any ministers or individuals implicated.

The _City Press _is reporting two senior prosecutors, including a top Hawks official, don’t think the emails will be admitted into evidence because prosecutors and investigators believe they were ‘stolen’.

Fruits of a poisoned tree is an American doctrine, which doesn’t exist in our law and what it effectively means in the US is that if evidence is obtained by a virtue of, for instance an unlawful search, then that evidence may not be used no matter what.

James Grant, Wits Law Professor

In South Africa, the position is quite different. A court has a discretion whether to admit that as evidence, even though it has unlawfully been obtained.

James Grant, Wits Law Professor

James says prosecutor can’t decide on their own.

The prosecutor would make the argument that the court ought to admit the evidence in the interests of justice, even though it was obtained unlawfully. They would point to the fact that the interest of justice demands it

James Grant, Wits Law Professor

This article first appeared on 702 : NPA ‘stolen’ #GuptaLeaks claim won’t stand in SA law


Recommended

by NEWSROOM AI
Read More
No certainty if strange stone originates from outside the solar system

No certainty if strange stone originates from outside the solar system

In 2013 researchers announced the 'Hypatia' stone found in the south-west of Egypt, was most certainly not from Earth.

[LISTEN] ANC's proposed land expropriation explained

[LISTEN] ANC's proposed land expropriation explained

The Institute of Race Relations explains the confusion around the proposed amendment to Section 25 and how this affects property.

State Capture inquiry could be 'never-ending' if broadened - Karima Brown

State Capture inquiry could be 'never-ending' if broadened - Karima Brown

Public Protector Busisiwe Mkhwebane has called for a broadening of the scope of the investigation into state capture.

Opinion: Give the country what investors want, confidence!

Opinion: Give the country what investors want, confidence!

702 host Ray White says the ANC's January 8 statement should mark the beginning of something new for South Africa.

Police urge Rustenburg residents to help root out drug dealers with information

Police urge Rustenburg residents to help root out drug dealers with information

A rampage on Wednesday night saw residents torching alleged drug dens, but Vish Naidoo says rather provide Saps with information.

Drug kingpins have infiltrated Rustenburg  - caller

Drug kingpins have infiltrated Rustenburg - caller

Caller Marcel Van der Watts, a Human Traffic Incident Manager, says Rustenburg has become central to drug dealing.

Popular articles
Eskom: WhatsApp message about Thursday 'blackout' is fake news

Eskom: WhatsApp message about Thursday 'blackout' is fake news

Eskom's head of generation, Andrew Etzinger, says the WhatsApp message doing the rounds about a blackout is misinformation.

What are the rules and regulations when it comes to owning a generator?

What are the rules and regulations when it comes to owning a generator?

A listener on the Afternoon Drive has shared his frustrations with a neighbor's noisy generator and the health risks it posed.

SA second most stressed nation in the world - Here's what you can do about it

SA second most stressed nation in the world - Here's what you can do about it

Health and Performance Educator and Consultant, Richard Sutton discusses methods for de-stressing.

Distraught caller describes harrowing experience on Baden Powell Drive

Distraught caller describes harrowing experience on Baden Powell Drive

A CapeTalk caller explained to Lester Kiewit how he went through flames and over rocks, and debris to escape his car being stoned.

What's next with Jacob Zuma's corruption charges trial?

What's next with Jacob Zuma's corruption charges trial?

Investigative journalist, Karyn Maughan, reflects on a year since charges against former President Jacob Zuma were reinstated.

Here's how to check your load shedding schedule in Cape Town

Here's how to check your load shedding schedule in Cape Town

Eskom has warned that more power cuts can be expected as maintenance continues over the next twelve months.