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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