THE EXCLUSION OF EVIDENCE OBTAINED BY ENTRAPMENT: AN UPDATE

Abstract

This article provides an update on the exclusion of evidence obtained as a result of entrapment. The exclusion of such evidence in terms of section 252A of the Criminal Procedure Act, section 35(5) of the Constitution of the RSA Act, and in terms of the common law, are examined. Two recent Supreme Court of Appeal cases – S v Kotze and S v Zurich – are specifically discussed.