Dlamini v S (AR 713/17) [2018] ZAKZPHC 66; 2019 (1) SACR 467 (KZP) (9 November 2018)

Dlamini v S (AR 713/17) [2018] ZAKZPHC 66; 2019 (1) SACR 467 (KZP) (9 November 2018)

The trial court failed to conduct a sufficient enquiry into the complainant's competence as a witness and did not make a finding regarding her understanding of the oath, as required by sections 162 and 164 of the Criminal Procedure Act. Although the complainant was admonished to speak the truth, the process did not comply with the mandatory requirements for establishing witness competency. Furthermore, the identification evidence was unreliable, as the complainant had seen photographs of the appellant prior to the identification parade and her dock identification was influenced by prior exposure. The complainant was a single child witness, and the cautionary rule required her evidence to...

Citation
[2018] ZAKZPHC 66
Parties
Appellant: G M Dlamini; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
9 November 2018
Case Number
AR 713/17
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld; conviction and sentence set aside; appellant found not guilty and discharged.
Judges
Masipa, Olsen
Legal Topics
Child Witness Competency, Identification Evidence, Cautionary Rule, Rape, Criminal Procedure Act, Admissibility of Evidence
Criminal Law Child Witness Competency Identification Evidence Cautionary Rule Rape Criminal Procedure Act Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

G M Dlamini

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court properly complied with the requirements for child witness competency under sections 162 and 164 of the Criminal Procedure Act.
  2. 2 Whether the identification evidence was sufficient to link the appellant to the offence beyond reasonable doubt.
  3. 3 Whether the cautionary rule applicable to single child witnesses was properly applied.

Ratio Decidendi

The trial court failed to conduct a sufficient enquiry into the complainant's competence as a witness and did not make a finding regarding her understanding of the oath, as required by sections 162 and 164 of the Criminal Procedure Act. Although the complainant was admonished to speak the truth, the process did not comply with the mandatory requirements for establishing witness competency. Furthermore, the identification evidence was unreliable, as the complainant had seen photographs of the appellant prior to the identification parade and her dock identification was influenced by prior exposure. The complainant was a single child witness, and the cautionary rule required her evidence to...

Court Disposition

Appeal upheld; conviction and sentence set aside; appellant found not guilty and discharged.

Orders

  • The appeal succeeds.
  • The appellant’s conviction and sentence are set aside.