South Africa Case Law

Matsinhe v S (CA 20/15)

Matsinhe v S (CA 20/15) [2020] ZANWHC 37 (3 February 2020)

Court

North West High Court, Mafikeng

Case number

CA 20/15

Judges

M M Leeuw, Samkelo Gura

The court found that the complainant was properly admonished in accordance with section 164(1) of the Criminal Procedure Act, as the magistrate conducted an adequate enquiry into her understanding of the truth and the oath. The evidence was reliable and supported the conviction for rape. However, the charge sheet did not clearly stipulate whether section 51(1) or 51(2) of the Criminal Law Amendment Act applied, and the magistrate convicted the appellant under section 51(2), which only permits a maximum sentence of 15 years for a first offender. The imposition of life imprisonment was therefor…

Source excerpt

• Rape Of Minor
• Admonition Of Child Witness
• Minimum Sentencing
• Jurisdiction Of Sentencing Court

Makube v S (A461/2011)

Makube v S (A461/2011) [2015] ZAGPPHC 717 (19 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

A461/2011

Judges

P D Moseamo, J W Louw

The High Court dismissed an appeal against rape conviction and life sentence, finding the child complainant was properly admonished and the evidence proved rape.

• Rape Of Minor
• Single Witness Testimony
• Admonition Of Child Witness
• Medical Evidence
• Sentencing Guidelines
• Rape-of-minor