Bakane v The State

The deceased, Mr Johannes Albertus Maré, was found strangled in his home in Timsrand, Pretoria, on 23 June 2004. Items believed to have been taken from his house were found nearby in the veld. The appellant and four co-accused were arrested the same day and charged with murder and robbery with aggravating circumstances. At trial, the State relied primarily on a statement (exhibit H) allegedly made by the appellant to the police implicating himself and others. The appellant denied making the statement, alleged he was assaulted by police, was not informed of his constitutional rights, and that the statement was fabricated or forced upon him. A trial-within-a-trial was held, during which the trial court accepted that the appellant had been assaulted but nevertheless admitted the statement. The appellant raised an alibi and there was no forensic or other independent evidence linking him to the crimes. He was convicted and sentenced to life imprisonment for murder and 15 years for robbery. His appeal to the full court failed by majority, and he then appealed to the Supreme Court of Appeal.

The appeal was upheld. The order of the full court was set aside and replaced with an order upholding the appeal, setting aside the convictions and sentences, and substituting them with a finding that the accused was not guilty and discharged on both counts.

This case reaffirms the constitutional imperative that evidence obtained through assault or other violations of section 35 rights must be excluded where its admission would render a trial unfair or undermine the administration of justice. It underscores the State’s onus to prove the voluntariness of admissions and confessions and emphasises judicial vigilance against police misconduct. The judgment strengthens the application of section 35(5) of the Constitution in South African criminal trials.