Section 35(5): are the superior courts consistent in their application of the factors to be taken into account in excluding unconstitutionally obtained evidence where admission would be detrimental to the administration of justice?

Sections 35(5) of the Constitution requires the court to determine whether the admission of unconstitutionally obtained evidence will render the trial unfair or otherwise be detrimental to the administration of justice. The main focus of this thesis is the second leg, namely whether the inclusion of...

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