Witness Anonymity and the South African Criminal Justice System

South African Journal of Criminal Justice (SACJ) 2010 (3) 351-370

20 Pages Posted: 25 Apr 2014

See all articles by Andra le Roux-Kemp

Andra le Roux-Kemp

Lincoln Law School, University of Lincoln (UK)

Date Written: June 23, 2010

Abstract

This article will focus on witness anonymity as a tool to encourage the reporting of criminal activities and criminal victimisation by victims and other witnesses, and as a mechanism to ensure that witnesses in criminal proceedings are duly protected. This will be juxtaposed against an accused’s right to a fair trial, in terms of s 35(3) of the Constitution of the Republic of South Africa, 1996 and relevant provisions of the Criminal Procedure Act,1 as well as the foundational principle of the criminal justice system that an accused has a right to confront witnesses testifying against him or her and that such testimony should be given in an open court and in the presence of the accused. Arguments in favour of witness anonymity, primarily based on the contention that the right of confrontation is not absolute, will be considered together with examples from other jurisdictions and arguments asserting that the curtailing of the right of confrontation to accommodate true witness anonymity are too extreme and inconceivable in terms of an accused’s right to a fair trial.

Keywords: Witness anonymity, South Africa, Criminal Justice, Right to a fair trial, Witness, Secondary victimisation, Witness testimony

Suggested Citation

le Roux-Kemp, Andra, Witness Anonymity and the South African Criminal Justice System (June 23, 2010). South African Journal of Criminal Justice (SACJ) 2010 (3) 351-370. Available at SSRN: https://ssrn.com/abstract=2428431

Andra Le Roux-Kemp (Contact Author)

Lincoln Law School, University of Lincoln (UK) ( email )

Lincoln LN2
United Kingdom

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