The procurement of evidence by means of forced surgery

This contribution considers the question of whether South African law permits the compelled surgical intrusion into a suspect's body in order to obtain evidence. The courts came to contradictory findings regarding this issue. Such a procedure undoubtedly constitutes an infringement of a suspect...

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Bibliographic Details
Published inTydskrif vir regswetenskap Vol. 33; no. 2; pp. 20 - 31
Main Authors Toit, P.G. du, Pretorius, W G
Format Journal Article
LanguageAfrikaans
Published 01.01.2008
Subjects
Constitutional law
Criminal justice
Human rights
Medical ethics
South Africa
Surgery
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Summary:This contribution considers the question of whether South African law permits the compelled surgical intrusion into a suspect's body in order to obtain evidence. The courts came to contradictory findings regarding this issue. Such a procedure undoubtedly constitutes an infringement of a suspect's right to privacy and the right to freedom and security of the person. It can only be tolerated if the requirements of the constitutional limitations clause are complied with. The authors support the approach that forced surgical interventions in order to obtain evidence are not permitted by the Criminal Procedure Act and that the legislature should intervene to provide for it. Recommendations as to the approach that could be followed are made.
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ISSN:0258-252X