Section 204 of the Criminal Procedure Act must be applied carefully to prevent abuse by criminals: Erasmus
Delivering judgment in the Joshlin Smith matter on Wednesday, Erasmus warned that the provision should not become a tool for offenders to escape accountability, but rather a means to serve justice.
Lourentia Lombard at Western Cape High Court on Tuesday 12 August 2025 Picture: Kayleen Morgan/EWN
CAPE TOWN - Western Cape High Court Judge Nathan Erasmus has cautioned that section 204 of the Criminal Procedure Act, which allows witnesses to avoid prosecution in exchange for truthful testimony, must be applied carefully to prevent abuse by criminals.
Delivering judgment in the Joshlin Smith matter on Wednesday, Erasmus warned that the provision should not become a tool for offenders to escape accountability, but rather a means to serve justice.
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"It should not be used as a tool for people that commit criminal conduct to hide behind. Hence, the decision for the prosecution to use this tool and request the court to apply it must be considered carefully."
State witness Lourentia Lombaard was granted immunity from prosecution on Tuesday after Erasmus ruled that her testimony played a key role in securing conviction for her co-accused in the matter.