![]() must promote the values that underlie an open and democratic society based on human dignity, equality and freedom.When interpreting the Bill of Rights, a court, tribunal or forum ¬ an association acting in the interest of its members.anyone acting in the public interest and.anyone acting as a member of, or in the interest of, a group or class of persons.anyone acting on behalf of another person who cannot act in their own name.The persons who may approach a court are – Section 35(5) is augmented by sections 38 and 39 of the Constitution which provide that:Īnyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. “Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice”. In South African law, the exclusionary rule is found in section 35(5) of the Bill of Rights in the South African Constitution. The “fruit of the poisonous tree” doctrine is an extension of the exclusionary rule found in constitutional democracies around the world. Allowing this doctrine to be diluted or not to be upheld in every criminal proceeding, amounts to a mockery of the criminal law and indeed the rule of law which underpins any constitutional democracy. ![]() It is a fundamental doctrine in any constitutional democracy as it essentially advocates that where an Accused’s right(s) has been infringed by the State such infringement(s) cannot be used by the State against the accused to prove the Accused’s guilt. ![]() ![]() The doctrine is intended to prevent unlawfully acquired evidence from negatively impacting an accused person in a criminal proceeding. The “fruit of the poisonous tree” doctrine prohibits the State from admitting certain evidence into a criminal case after it has been tainted by a primary illegality. Why is Section 35(5) a fundamental constitutional right in criminal law? What is the meaning of “Fruit of the Poisonous Tree” in Criminal Proceedings? Fruit of the Poisonous Tree Exclusionary Rule: ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |