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

Recommended

by NEWSROOM AI

702 welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the 702 community a safe and welcoming space for all.

702 reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

702 is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

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
Are you ready to 'Walk the Talk' with 702 & MTN?

Are you ready to 'Walk the Talk' with 702 & MTN?

The annual MTN Walk the Talk with 702 takes place on 22 July this year, under the theme 'Walking for South Africa'.

From Cape to Cairo: 80-year-old Julia travels to Egypt using 20-year-old car

From Cape to Cairo: 80-year-old Julia travels to Egypt using 20-year-old car

‘It took approximately 4 – 5 months because I had to make some stops on the way for repairs.' - Julia Albu, the African Conquest

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Bruce Whitfield interviews La Grange about her and Madiba's attitude to money (hopes and fears, successes and failures, etc.)

Unravelling Gupta links revealed in Parliamentary Eskom inquiry

Unravelling Gupta links revealed in Parliamentary Eskom inquiry

Journalists Sikhonathi Mantshantsha and Kyle Cowan discuss just how the Guptas and their associates helped capture Eskom.

How to make money through ‘buy-to-let’ (using very little of your own money)

How to make money through ‘buy-to-let’ (using very little of your own money)

Bruce Whitfield interviews Francois Janse van Rensburg, author of “Making Money through Buy-To-Let in South Africa".

An expert guide on 'hotwifing' and 'cuckolding' in the bedroom

An expert guide on 'hotwifing' and 'cuckolding' in the bedroom

Clinical sexologist Dr Eve shares insights into sexual fetishes and how partners negotiate them in their bedroom and relationship.

MTN Walk The Talk with 702: Get your entries in and be part of a united Joburg!

MTN Walk The Talk with 702: Get your entries in and be part of a united Joburg!

Join Joburgers from all walks of life come together peacefully, united in their diversity for a fun family day out.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?