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South Africa decisions
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Mohale v S (Appeal) (A12/2024) [2025] ZALMPPHC 71 (14 April 2025)
The High Court dismissed a rape appeal, upholding conviction and life sentence after finding the complainant’s identification credible and the alibi improbable.
Montle v S (A99/2016) [2017] ZALMPPHC 30 (26 October 2017)
The court found that the J88 medical report was properly admitted as evidence, accompanied by the requisite affidavit under section 212(4) of the Criminal Procedure Act, and that the appellant consented to its admission. The absence of the doctor's oral testimony did not invalidate the report, especially as the defence did not object to its admission. The magistrate correctly found that the injuries recorded on the J88 were consistent with the complainant's account, and any exaggeration by the complainant did not render his evidence unreliable. The magistrate applied proper caution to the evi…
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S v Faku [2007] ZAFSHC 132 (22 November 2007)
The trial court committed a material procedural irregularity by admitting the post-mortem report and doctor's affidavit without calling the doctor to testify, despite a reasonable and specific request from the defence. This denied the appellant the opportunity to cross-examine a key witness and challenge the medical evidence regarding causation. The written medical evidence, admitted under section 212(4), remained prima facie proof and could not be elevated to conclusive proof in the absence of oral testimony or proper admission. The irregularity created substantial uncertainty as to whether…
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Baron Camilo of Fulwood v Wertheim Becker Inc (ECJ 055/2005) [2005] ZAECHC 15; [2006] 4 All SA 43 (E) (29 April 2005)
The appeal against refusal of a postponement was dismissed. The court held the medical evidence was inadequate and the magistrate acted judicially.
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