S v Nkomo (A974/13) [2013] ZAGPPHC 368 (28 November 2013)

S v Nkomo (A974/13) [2013] ZAGPPHC 368 (28 November 2013)

The High Court found that the accused's explanation regarding the agreement to purchase a cell phone for his daughter in lieu of the additional maintenance payment was reasonably possibly true. The evidence showed that the complainant requested the cell phone and that its value was nearly equivalent to the required maintenance amount. The court held that the accused did not need to prove the truth of his explanation, only that it was reasonably possibly true. The contradictions in the complainant's evidence and the overall circumstances supported the accused's version. Applying established principles on the onus of proof and reasonable doubt, the court concluded that the conviction and...

Citation
[2013] ZAGPPHC 368
Parties
Respondent: The State; Applicant: Thomas Nkomo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 November 2013
Case Number
A974/13
Procedural Posture
Review Application / High Court Review of Magistrate's Conviction and Sentence
Outcome
Conviction and sentence set aside; accused acquitted.
Judges
L M Molopa-Sethosa, T A Maumela
Legal Topics
Maintenance Order, Onus of Proof, Reasonable Doubt, Agreement Between Parties
Criminal Law Family and Children Maintenance Order Onus of Proof Reasonable Doubt Agreement Between Parties

Case Brief

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Parties

The State

Respondent

Thomas Nkomo

Applicant

Procedural Posture

Review Application / High Court Review of Magistrate's Conviction and Sentence

Legal Issues

  1. 1 Whether the accused's explanation that he had an agreement with the complainant to buy a cell phone instead of paying the additional maintenance amount is reasonably possibly true.
  2. 2 Whether the conviction and sentence for contravention of section 31(1) of the Maintenance Act 99 of 1998 should stand in light of the evidence presented.

Ratio Decidendi

The High Court found that the accused's explanation regarding the agreement to purchase a cell phone for his daughter in lieu of the additional maintenance payment was reasonably possibly true. The evidence showed that the complainant requested the cell phone and that its value was nearly equivalent to the required maintenance amount. The court held that the accused did not need to prove the truth of his explanation, only that it was reasonably possibly true. The contradictions in the complainant's evidence and the overall circumstances supported the accused's version. Applying established principles on the onus of proof and reasonable doubt, the court concluded that the conviction and...

Court Disposition

Conviction and sentence set aside; accused acquitted.

Orders

  • The accused is found not guilty and is acquitted.
  • The clerk of the Magistrate's Court, Pretoria North, is directed to bring this court's order to the attention of the accused.