South Africa Case Law

S v Mbelo (K/S 66 /200)

S v Mbelo (K/S 66 /200) [2001] ZANCHC 1; 2003 (1) SACR 84 (NC) (26 February 2001)

Court

Northern Cape High Court, Kimberley

Case number

K/S 66 /200

Judge

Majiedt R

The court held that the committal for sentence to the High Court was regular under section 52(1)(a) of the Criminal Law Amendment Act. Although hearsay evidence and baptismal certificates alone are insufficient proof of age, the accused was legally represented and formal admissions regarding the ages of both the complainant and the accused were made by his attorney, confirmed by the accused, and accepted by the magistrate. Such admissions are binding and constitute sufficient proof unless challenged on grounds of improper instruction or bona fide mistake, which was not the case here. The cour…

Source excerpt

• Rape Of Minor
• Admissions By Legal Representative
• Proof Of Age
• Minimum Sentences
• Jurisdiction Of Regional Court