Makhanye v S (478/19) [2020] ZAKZPHC 62 (23 October 2020)

Makhanye v S (478/19) [2020] ZAKZPHC 62 (23 October 2020)

The court found that the evidence of the complainant, a single child witness, was not clear and satisfactory in all material respects. Material contradictions existed between the complainant's version and that of her sister and mother, particularly regarding the sequence of events, the complainant's conduct, and the physical evidence. The medical evidence did not corroborate the complainant's account, and the alleged confession was not unequivocal or reliable. The trial court failed to approach the evidence with the required caution, and the discrepancies were not accorded due weight. Consequently, the State did not discharge the onus of proving the appellant's guilt beyond reasonable...

Citation
[2020] ZAKZPHC 62
Parties
Appellant: Thokozani Makhaye; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
23 October 2020
Case Number
478/19
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From the Regional Court
Outcome
Appeal upheld; conviction and sentence set aside; substituted order of acquittal.
Judges
Mngadi, Madondo
Legal Topics
Rape, Single Witness Evidence, Child Testimony, Standard of Proof, Confession Evidence
Criminal Law Rape Single Witness Evidence Child Testimony Standard of Proof Confession Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Thokozani Makhaye

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From the Regional Court

Legal Issues

  1. 1 Whether the evidence of the complainant, a single child witness, was sufficiently clear and satisfactory in all material respects to sustain a conviction for rape.
  2. 2 Whether the contradictions and discrepancies in the State's evidence created reasonable doubt as to the guilt of the appellant.
  3. 3 Whether the alleged confession and apology by the appellant constituted admissible and reliable evidence of guilt.

Ratio Decidendi

The court found that the evidence of the complainant, a single child witness, was not clear and satisfactory in all material respects. Material contradictions existed between the complainant's version and that of her sister and mother, particularly regarding the sequence of events, the complainant's conduct, and the physical evidence. The medical evidence did not corroborate the complainant's account, and the alleged confession was not unequivocal or reliable. The trial court failed to approach the evidence with the required caution, and the discrepancies were not accorded due weight. Consequently, the State did not discharge the onus of proving the appellant's guilt beyond reasonable...

Court Disposition

Appeal upheld; conviction and sentence set aside; substituted order of acquittal.

Orders

  • The appeal against conviction is upheld, and the conviction and sentence of the appellant is set aside.
  • The order of the trial court is substituted with: 'Not guilty and discharged'.