Manqele and Another v S (A492/2013) [2020] ZAGPJHC 210 (4 June 2020)

Manqele and Another v S (A492/2013) [2020] ZAGPJHC 210 (4 June 2020)

The court found that the complainant's evidence was credible, reliable, and corroborated by medical and police testimony. The appellants' versions were rejected as improbable and contrived. The trial court correctly found that both appellants participated in the rape and kidnapping of the complainant, and that the State proved its case beyond reasonable doubt. There were no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence of life imprisonment. The appellate court held that there was no basis to interfere with the trial court's findings on conviction or sentence.

Citation
[2020] ZAGPJHC 210
Parties
Appellant: Manqele, Velia; Appellant: Sibiya, Richard; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 June 2020
Case Number
A492/2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against both conviction and sentence is dismissed.
Judges
Twala M L, Dippenaar F
Legal Topics
Rape, Minimum Sentences, Burden of Proof, Single Witness Evidence, Appellate Interference, Sentencing Guidelines
Criminal Law Rape Minimum Sentences Burden of Proof Single Witness Evidence Appellate Interference Sentencing Guidelines

Case Brief

Summary, issues, holding and outcome

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Parties

Manqele, Velia

Appellant

Sibiya, Richard

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the first appellant had sexual intercourse with the complainant with her consent.
  2. 2 Whether the second appellant had sexual intercourse with the complainant without her consent.
  3. 3 Whether the evidence of the complainant was credible and reliable.

Ratio Decidendi

The court found that the complainant's evidence was credible, reliable, and corroborated by medical and police testimony. The appellants' versions were rejected as improbable and contrived. The trial court correctly found that both appellants participated in the rape and kidnapping of the complainant, and that the State proved its case beyond reasonable doubt. There were no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence of life imprisonment. The appellate court held that there was no basis to interfere with the trial court's findings on conviction or sentence.

Court Disposition

Appeal against both conviction and sentence is dismissed.

Orders

  • The appeal against both the conviction and sentence is dismissed.