South Africa Case Law

Haarhoff and Another v Director of Public Prosecutions Eastern Cape (Grahamstown) (1192/17)

Haarhoff and Another v Director of Public Prosecutions Eastern Cape (Grahamstown) (1192/17) [2018] ZASCA 184; [2019] 1 All SA 585 (SCA); 2019 (1) SACR 371 (SCA) (11 December 2018)

Court

Supreme Court of Appeal

Case number

1192/17

Judges

Navsa, Mocumie, Molemela, Mokgohloa, Nicholls

The Supreme Court of Appeal held that the complainant, though intellectually challenged, was properly assessed by an expert psychologist and found competent to testify. The trial court's admonition under section 164 of the Criminal Procedure Act was appropriate, as the complainant understood the difference between truth and falsehood and the obligation to speak the truth. The court found that the complainant's evidence, corroborated by DNA and objective facts, was reliable and credible despite minor contradictions. The appellants' versions were riddled with improbabilities and inconsistencies…

Source excerpt

• Rape
• Competence Of Witnesses
• Admonition Under Criminal Procedure Act
• Mental Disability And Consent
• Credibility Of Single Witness
• Sentencing Principles

Solwandle v S (A612/14)

Solwandle v S (A612/14) [2016] ZAGPPHC 1169 (28 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

A612/14

Judges

M J Teffo, P Mabuse, C Pretorius

Criminal appeal over a rape conviction turned on a child witness’s competence and inconsistent evidence. The High Court set aside the conviction and sentence.

• Child Witness Competency
• Admonition Under Criminal Procedure Act
• Rape
• Credibility Of Witness
• Fair Trial Rights
• Child-witness-competency

Munyai v S (A598/12)

Munyai v S (A598/12) [2013] ZAGPPHC 153 (12 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

A598/12

Judges

Mathopo, EM Kubushi, P van der Byl

High Court appeal set aside a rape conviction after finding the child complainant’s competency enquiry was inadequate and her evidence unreliable.

• Child Witness Competency
• Admonition Under Criminal Procedure Act
• Rape
• Fair Trial Rights
• Leading Questions
• Cautionary Rule