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South Africa decisions
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Kok v S (CA33/2019; RC24/2016) [2024] ZANWHC 133 (24 May 2024)
The High Court dismissed an appeal against a rape conviction, finding the child complainant had been properly admonished and her evidence was reliable and corroborated.
Makumu v S (CA&R49/2013) [2016] ZANCHC 86 (23 September 2016)
The trial court failed to comply with the mandatory provisions of sections 170A, 162, 163, and 164 of the Criminal Procedure Act. The intermediary was appointed without a proper enquiry and was not sworn in, and the complainant was admonished without a finding that he did not understand the nature and import of the oath or affirmation. These failures constitute gross irregularities that vitiate the proceedings. The conviction and sentence cannot stand and must be set aside. The State is at liberty to pursue the matter afresh if it so elects.
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