By Brig Dirk Lambrechts
Question:
A reader wants to know what the legally correct way of handling criminal proceedings is involving a “CONFESSION” (Afrikaans: “bekentenis”). Incidentally, (Afrikaans: “toevallig”), two separate, unrelated court judgments involving “confessions” were recently published. Accordingly, Pollex will answer our reader’s question in line with these two judgments.
Answer:
The “FIRST” judgment is that of S v Ngcobo, case no AR 247/24, High Court Pietermaritzburg in KZN, dated 12 June 2025 (KZP).
Relevant and/or applicable legislation referred to in this discussion
Section 35(1)(a), (b) and (c) of our Constitution
“35.(1) Everyone who is arrested for allegedly committing an offence has the right –
(a) to remain silent;
(b) to be informed promptly –
(i) of the right to remain silent; and
(ii) of the consequences of not remaining silent;
(c) not to be compelled to make any confession or admission that could be used in evidence against that person.
(d), (e) and (f) …
(2) to (5) …”
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[This is only an extract of an article published in Servamus: October 2025. This article is available for purchase.]