The Admissibility of Media-Obtained Evidence: A Legal Analysis of the Sizok’thola TV Show’s Investigative Methods in South African Courts
Tshilidzi Knowles Khangala 
Issue: Vol.6 No.11 Article 8 pp. 2825 – 2835
DOI: https://doi.org/10.38159/ehass.20256118 | Published online 28th October, 2025
© 2025 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
This study examined the legal and ethical challenges surrounding the admissibility of evidence obtained by Sizok’thola, an investigative television show produced by Moja Love TV, within South Africa’s criminal justice system. The programme used undercover operations and covert surveillance to expose crimes like drug trafficking and corruption, often collaborating with law enforcement. While it aimed to enhance public awareness and accountability, its methods raise concerns about the legality of media-obtained evidence in court. The research employed a qualitative research methodology, analysing constitutional and statutory frameworks, particularly the right to privacy (Section 14) and the right to a fair trial (Section 35) of the Constitution of South Africa, 1996, alongside the Criminal Procedure Act 51 of 1977. It also considers common law principles and judicial precedents to assess how courts balance the probative value of unlawfully obtained evidence against potential prejudice to the accused. Key issues include consent, ethical boundaries of investigative journalism, and public interest in criminal prosecutions. Findings reveal that while media exposure of crime is valuable, strict legal compliance is necessary to uphold judicial integrity. Courts may admit such evidence under specific conditions but must weigh its admissibility carefully. The study recommends clearer guidelines for media investigations and stronger judicial oversight to protect constitutional rights. This research contributes to scholarship by advancing debates on media freedom, ethical journalism, and constitutional rights. It advocates for a balanced approach that ensures transparency and accountability while safeguarding fundamental rights.
Keywords: Media-Obtained Evidence, Investigative Journalism, Constitutional Rights, Evidentiary Admissibility, South African Criminal Procedure, Entrapment
Legislation
Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002.
Criminal Procedure Act 51 of 1977.
Constitution of the Republic of South Africa, 1996.
Regulation of Investigatory Powers Act 2000 (c.23).
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Key v Attorney-General, Cape Provincial Division 1996 (4) SA 187 (CC)
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Hoho v SABC 2019 (2) SA 595 (GP) at para 31.
S v Motloutsi 1996 (1) SACR 78 (T) at 83e-f.
S v Pillay 2004 (2) SACR 419 (SCA) paras 22-25.
S v Makhanya 2002 (2) SACR 354 (W) at 362a-c.
Hugo v South African Broadcasting Corporation 1996 (2) SA 488 (W) at 494e-495b.
S v Naidoo 1998 (1) SACR 479 (N) at 485e-f.
S v Zuma 1995 (2) SA 642 (CC) paras 34-38.
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R v National Post [2010] 3 SCR 477 paras 45-52.
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Tshilidzi Knowles Khangala is a lecturer at the Tshwane University of Technology and an admitted Advocate of the High Court of South Africa. He has more than 15 years of lecturing at different Institutions of Higher Learning. He was a Deputy Director in Gauteng Department of Education for 6 years. He has an LLB and LLM (University of Venda), Postgraduate Diploma in Public Administration (UNISA). He is an LLD candidate (University of Western Cape). He has published more than 10 papers and 6 book chapters.
Khangala, Tshilidzi Knowles. “The Admissibility of Media-Obtained Evidence: A Legal Analysis of the Sizok’thola TV Show’s Investigative Methods in South African Courts.” E-Journal of Humanities, Arts and Social Sciences 6, no. 11 (2025): 2825 – 2835, https://doi.org/10.38159/ehass.20256118.
© 2025 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
