S v Ndimande (248/2018) [2019] ZASCA 132 (30 September 2019)

Evidence – admissibility of a pointing out where appellant’s rights in terms
of s 35 of the Constitution have been infringed – dock identification admissibility
thereof – trial within a trial – video footage of identification of appellant not submitted
as evidence – identification must be such that certainty is beyond reasonable doubt to
place reliance thereupon.