THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
Case No: 379/07
REPORTABLE
In the matter between:

BONGANI MTHEMBU

APPELLANT

v
THE STATE

RESPONDENT

Coram: Cameron, Maya et Cachalia JJA
Heard: 19 February 2008
Delivered: 10 April 2008
Corrected:
3 September 2008
Summary: The evidence of an accomplice extracted through torture, (including real
evidence derived from it), is inadmissible, even where the accomplice testifies
years after the torture.
Neutral citation: This judgment may be referred to as Mthembu v The State
(379/2007) [2008] ZASCA 51 (10 April 2008).

JUDGMENT

CACHALIA JA

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