Question 1

N/B - This question is strictly based on the South African Law of Evidence.

On 17 May 2022 S, a suspected paedophile, was arrested by the police. He indicates that he could point out to the police the place where he keeps pre-recorded child pornography videotapes of his victims. He was, however, not informed by the police prior to making the pointing out that he has the right to consult with a lawyer. Less than three hours after making the pointing out, S appears before a magistrate. Although the magistrate fully informs S of all his rights, S nevertheless chooses to make a confession to the magistrate without consulting a legal representative. Discuss, with full reference to authority, the admissibility of the pointing out as well as the confession pursuant to Section 35(5) of the Constitution of the Republic of South Africa, 1996.