S v Salusalu - Review Judgment (CA&R 23/2023) [2023] ZAECBHC 29; 2025 (1) SACR 554 (ECB) (7 September 2023)

S v Salusalu - Review Judgment (CA&R 23/2023) [2023] ZAECBHC 29; 2025 (1) SACR 554 (ECB) (7 September 2023)

The magistrate erred by placing an onus on the accused to explain the complainant's testimony and by convicting without sufficient evidence that the accused verbally or psychologically abused or intimidated the complainant as alleged. The complainant's evidence did not support the charge that the accused insulted her by referring to her private parts or chased her. The state failed to prove its case beyond reasonable doubt, and the conviction and sentence must be set aside.

Citation
[2023] ZAECBHC 29
Parties
Applicant: THE STATE; Respondent: SABELO SALUSALU
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
7 September 2023
Case Number
CA&R 23/2023
Procedural Posture
Criminal Review / Review of Conviction and Sentence
Outcome
Conviction and sentence set aside.
Judges
GH Bloem, MJ Lowe
Legal Topics
Domestic Violence Act, Burden of Proof, Review of Magistrates Decision, Abuse of Process
Criminal Law Domestic Violence Act Burden of Proof Review of Magistrates Decision Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

THE STATE

Applicant

SABELO SALUSALU

Respondent

Procedural Posture

Criminal Review / Review of Conviction and Sentence

Legal Issues

  1. 1 Whether the magistrate correctly convicted the accused for contravening a protection order under the Domestic Violence Act.
  2. 2 Whether the state proved beyond reasonable doubt that the accused verbally or psychologically abused or intimidated the complainant.
  3. 3 Whether the magistrate improperly placed an onus on the accused to explain the complainant's testimony.

Ratio Decidendi

The magistrate erred by placing an onus on the accused to explain the complainant's testimony and by convicting without sufficient evidence that the accused verbally or psychologically abused or intimidated the complainant as alleged. The complainant's evidence did not support the charge that the accused insulted her by referring to her private parts or chased her. The state failed to prove its case beyond reasonable doubt, and the conviction and sentence must be set aside.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence of the accused are hereby set aside.