Makhubela v S (A320/2017) [2018] ZAFSHC 61 (9 May 2018)

Makhubela v S (A320/2017) [2018] ZAFSHC 61 (9 May 2018)

The court found that, although the basic facts were not in dispute, significant aspects of the complainant's conduct and testimony cast reasonable doubt on the State's case. The complainant did not immediately report the alleged rape to any adult, failed to seek help from persons present during the incident, and only disclosed the allegation after being beaten for returning home late. The absence of corroborating witnesses, such as her friend M. and M.'s boyfriend P., further weakened the State's case. The appellant's version of consensual intercourse was reasonably possibly true. Regarding the competent verdict of statutory rape, there was no evidence that the appellant knew the...

Citation
[2018] ZAFSHC 61
Parties
Appellant: Zakaria Makhubela; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 May 2018
Case Number
A320/2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld. Conviction and sentence set aside. Verdict of not guilty substituted.
Judges
NM MBHELE, S BENADE
Legal Topics
Rape, Competent Verdict, Reasonable Doubt, Sexual Offences Act, Consent, Child Sexual Offences
Criminal Law Rape Competent Verdict Reasonable Doubt Sexual Offences Act Consent Child Sexual Offences

Case Brief

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Parties

Zakaria Makhubela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was correctly found guilty of rape.
  2. 2 Whether, if rape was not proved, a competent verdict of statutory rape under section 15 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 should be entered.

Ratio Decidendi

The court found that, although the basic facts were not in dispute, significant aspects of the complainant's conduct and testimony cast reasonable doubt on the State's case. The complainant did not immediately report the alleged rape to any adult, failed to seek help from persons present during the incident, and only disclosed the allegation after being beaten for returning home late. The absence of corroborating witnesses, such as her friend M. and M.'s boyfriend P., further weakened the State's case. The appellant's version of consensual intercourse was reasonably possibly true. Regarding the competent verdict of statutory rape, there was no evidence that the appellant knew the...

Court Disposition

Appeal upheld. Conviction and sentence set aside. Verdict of not guilty substituted.

Orders

  • The appeal succeeds.
  • The conviction and sentence are set aside.