Ramontja v S (CAF04/2005) [2020] ZANWHC 10; 2020 (1) SACR 556 (NWM) (13 February 2020)

Ramontja v S (CAF04/2005) [2020] ZANWHC 10; 2020 (1) SACR 556 (NWM) (13 February 2020)

The court found that the trial court failed to properly appoint and swear in an intermediary for the child complainants as required by section 170A of the Criminal Procedure Act. The record did not reflect the intermediary's name, qualifications, or an oath or affirmation, nor did it show that the intermediary undertook to convey the general purport of questions to the witnesses. This failure constituted a material irregularity, rendering the proceedings a nullity. As a result, the evidence of the complainants was not properly before the court and could not be relied upon. The remaining evidence, consisting of hearsay and untested medical certificates, was insufficient to sustain the...

Citation
[2020] ZANWHC 10
Parties
Appellant: Sello Lazarus Ramontja; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
13 February 2020
Case Number
CAF04/2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld; conviction and sentence set aside; immediate release of appellant ordered.
Judges
J T Djaje, R D Hendricks, P L Nobanda
Legal Topics
Appointment of Intermediary, Irregularity in Trial, Rape of Minors, Admissibility of Evidence
Criminal Law Civil Procedure Appointment of Intermediary Irregularity in Trial Rape of Minors Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Sello Lazarus Ramontja

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court properly appointed and swore in an intermediary for the child complainants as required by section 170A of the Criminal Procedure Act.
  2. 2 Whether the irregularity in appointing the intermediary renders the proceedings a nullity.
  3. 3 Whether the remaining evidence is sufficient to sustain the conviction.

Ratio Decidendi

The court found that the trial court failed to properly appoint and swear in an intermediary for the child complainants as required by section 170A of the Criminal Procedure Act. The record did not reflect the intermediary's name, qualifications, or an oath or affirmation, nor did it show that the intermediary undertook to convey the general purport of questions to the witnesses. This failure constituted a material irregularity, rendering the proceedings a nullity. As a result, the evidence of the complainants was not properly before the court and could not be relied upon. The remaining evidence, consisting of hearsay and untested medical certificates, was insufficient to sustain the...

Court Disposition

Appeal upheld; conviction and sentence set aside; immediate release of appellant ordered.

Orders

  • The appeal against conviction is upheld.
  • The conviction and sentence are set aside.