S v Lenting and Others (CC08/2018) [2023] ZAWCHC 168; 2023 (2) SACR 409 (WCC) (24 July 2023)

S v Lenting and Others (CC08/2018) [2023] ZAWCHC 168; 2023 (2) SACR 409 (WCC) (24 July 2023)

The court found that the jurisdictional requirements of sections 153 and 158 of the Criminal Procedure Act were satisfied. The witness is highly vulnerable, suffering from PTSD, pregnant, and fears for her safety due to the gang-related nature of the charges. Expert evidence was uncontested regarding the risk of further trauma if she testified in open court. The court held that the protection of vulnerable witnesses is not limited to sexual offences or child witnesses and that the accused's right to a fair trial must be balanced against the interests of justice and the protection of witnesses. The facility for closed-circuit testimony was available, and the accused's ability to...

Citation
[2023] ZAWCHC 168
Parties
Applicant: The State; Respondent: Elton Lenting; Respondent: Accused 2; Respondent: Accused 3; Respondent: Accused 9
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
24 July 2023
Case Number
CC08/2018
Procedural Posture
Criminal Application / Application for Protective Measures for Witness Prior to Trial
Outcome
Application granted; protective measures for the witness ordered.
Judges
Lekhuleni
Legal Topics
Witness Protection, Closed Circuit Testimony, Fair Trial Rights, Gang Related Offences, Administration of Justice
Criminal Law Witness Protection Closed Circuit Testimony Fair Trial Rights Gang Related Offences Administration of Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Elton Lenting

Respondent

Accused 2

Respondent

Accused 3

Respondent

Accused 9

Respondent

Procedural Posture

Criminal Application / Application for Protective Measures for Witness Prior to Trial

Legal Issues

  1. 1 Whether the witness should be permitted to testify via closed-circuit television and in camera due to trauma and security concerns.
  2. 2 Whether the identity of the witness should be withheld from the public.
  3. 3 Whether granting such protective measures infringes the accused's right to a fair and public trial.

Ratio Decidendi

The court found that the jurisdictional requirements of sections 153 and 158 of the Criminal Procedure Act were satisfied. The witness is highly vulnerable, suffering from PTSD, pregnant, and fears for her safety due to the gang-related nature of the charges. Expert evidence was uncontested regarding the risk of further trauma if she testified in open court. The court held that the protection of vulnerable witnesses is not limited to sexual offences or child witnesses and that the accused's right to a fair trial must be balanced against the interests of justice and the protection of witnesses. The facility for closed-circuit testimony was available, and the accused's ability to...

Court Disposition

Application granted; protective measures for the witness ordered.

Orders

  • The witness shall testify through closed-circuit television.
  • The evidence of the witness will be heard behind closed doors.