Khuzwayo v S (CA25/2020)
Khuzwayo v S (CA25/2020) [2021] ZANWHC 17 (24 June 2021)
The court found that the State failed to prove the identity of the appellant beyond reasonable doubt. Material contradictions existed between the complainant and his girlfriend regarding the circumstances of the incident and the conduct of the identity parade. The visibility at the scene was questionable, and the identification process was procedurally unfair. The trial magistrate misdirected himself by accepting unreliable identification evidence and overlooking these discrepancies. Consequently, the conviction and sentence could not stand, and the appeal was upheld.
Source excerpt
- Identity Parade
- Burden Of Proof
- Appeal Condonation
- Contradictory Evidence