Show simple item record

dc.contributor.authorMujuzi, Jamil D.
dc.date.accessioned2018-05-29T11:37:19Z
dc.date.available2018-05-29T11:37:19Z
dc.date.issued2016
dc.identifier.citationMujuzi, J.D. (2016). ‘The admissibility in Namibia of evidence obtained through human rights violations’ African Human Rights Law Journal, 16: 407-434.en_US
dc.identifier.issn1609-073X
dc.identifier.urihttp://dx.doi.org/10.17159/1996-2096/2016/v16n2a5
dc.identifier.urihttp://hdl.handle.net/10566/3744
dc.description.abstractUnlike the case in other African countries, such as South Africa, Kenya and Zimbabwe, the Namibian Constitution does not require courts to exclude evidence obtained through human rights violations if the admission of that evidence would render the trial unfair or would be detrimental to the administration of justice. The only article in the Namibian Constitution dealing with the issue of evidence is article 12(1)(b), which provides that ‘[n]o persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no court shall admit in evidence against such persons’ testimony which has been obtained from such persons in violation of article 8(2)(b) Here of’. However, Namibian courts have invoked the criteria (set out in the Constitutions of South Africa, Kenya and Zimbabwe) in determining whether or not to admit evidence obtained through human rights violations. This article deals with the jurisprudence emanating from Namibian courts dealing with evidence obtained through human rights violations, and highlights the challenges that courts have grappled with in dealing with such evidence. The issues discussed are the relevant provisions relating to the admission of evidence obtained through violating human rights; the tests courts have developed to decide whether or not to admit evidence obtained through human rights violations; the right to remain silent at the time of arrest; the accused’s right not to incriminate himself at the trial; the right to consult a lawyer before making a statement; and evidence obtained through violating the rights to freedom from torture, cruel, inhuman or degrading treatment. It is recommended that Namibia may have to amend its Constitution to provide, inter alia, for criteria to be used in deciding whether or not to admit evidence obtained through human rights violations.en_US
dc.language.isoenen_US
dc.publisherPretoria University Law Pressen_US
dc.rightsThis is the author version of the article published online at: http://dx.doi.org/10.17159/1996-2096/2016/v16n2a5
dc.subjectEvidenceen_US
dc.subjectAdmissibilityen_US
dc.subjectNamibiaen_US
dc.subjectHuman Rights Violationsen_US
dc.subjectFair Trialen_US
dc.subjectObtaineden_US
dc.titleThe admissibility in Namibia of evidence obtained through human rights violationsen_US
dc.typeArticleen_US
dc.privacy.showsubmitterFALSE
dc.status.ispeerreviewedTRUE
dc.description.accreditationDHET


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record