Judicial discretion to exclude evidence in terms of s35(5) of the Constitution: S v Hena 2006 2 SACR 33 (SE)
Bibliographic record
Abstract
In this case the court was called upon to exclude certain evidence against one of the accused in terms of s 35(5) of the Constitution of the Republic of South Africa, 1996. This section provides as follows: 'Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice.' It will be apposite, before discussing the present case, to do a brief analysis of s 35(5) and to refer to s 24(2) of the Canadian Charter of Rights and Freedoms, upon which the former section appears to be modelled (Steytler Constitutional Criminal Procedure (1998) 34; S v Naidoo 1998 1 SACR 479 (N) at 527g).
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.022 | 0.048 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.009 | 0.011 |
| Scholarly communication | 0.011 | 0.004 |
| Open science | 0.004 | 0.005 |
| Research integrity | 0.024 | 0.021 |
| Insufficient payload (model declined to judge) | 0.005 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".