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
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
[WATCH] Mom gets  a touching Christmas gift, a surprise visit from her daughter

[WATCH] Mom gets a touching Christmas gift, a surprise visit from her daughter

Khabazela shares tweets and Facebook posts that have gone viral.

'He arrived without integrity and dismantled Sars'

'He arrived without integrity and dismantled Sars'

EWN reporter Barry Bateman looks at different political news that made headlines in 2018 such as Tom Moyane and Sars.

Africa State of Mind: 'My dream is to be global' -  Sho Madjozi

Africa State of Mind: 'My dream is to be global' - Sho Madjozi

In this episode of Africa State of Mind, Lee Kasumba chats to South African rapper Sho Madjozi about her upbringing, and rise to fame.

'Cyril is the most popular president since Nelson Mandela'

'Cyril is the most popular president since Nelson Mandela'

Author Max de Preez weighs in on where SA would be if Jacob Zuma was still president and the impact of Ramaphosa now.