THE ADMISSIBILITY OF EVIDENCE ARISING DURING A DISCIPLINARY HEARING AT A CRIMINAL TRIAL: LIEBENBERG V THE STATE [2023] ZACC 33

Jolandi Le Roux-Bouwer

doi:10.38140/jjs.v50i2.8171

Authors

Jolandi Le Roux-Bouwer University of South Africa, South Africa https://orcid.org/0000-0002-8230-2859

DOI:

https://doi.org/10.38140/jjs.v50i2.8171

Keywords:

Admissibility of evidence, fair trial, constitutional rights, administration of estates, estate fraud

Abstract

On 10 October 2023, the Constitutional Court passed judgement on the interesting question relating to the admissibility of evidence at a criminal trial. An employee testified during her disciplinary hearing called by her employer. The issue to be decided was whether evidence stemming from her testimony was subsequently admissible at her criminal hearing. The pressing question to be decided by the court was whether the admissibility of her testimony would impact her section 35 constitutional rights. In this contribution, we present a detailed analysis of the Liebenberg decision.