NPA’s ‘stolen’ #GuptaLeaks claim won’t stand in SA law
- TalkRadio 702
Stolen or not, Associate Professor James Grant says SA courts have discretion whether to admit evidence.
Speaking on TalkRadio 702's morning show, Breakfast with Xolani Gwala, Grant says the ‘fruits of a poisoned tree’ doctrine used by the National Prosecuting Authority (NPA) in the #GuptaLeaks case isn’t valid in South African law.
City Press reported on Sunday that prosecutors investigating state capture believe the #GuptaLeaks emails do not constitute evidence against President Jacob Zuma’s friends, the Guptas or any other minister or individuals. Senior prosecutors, who spoke to City Press, also do not think the emails will be admitted into evidence because prosecutors and investigators believe they were ‘stolen’.
But Grant says in South Africa a court can make that decision even if evidence was unlawfully obtained.