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South Africa Case Law

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Criminal Law [2025] ZASCA 53

Godfrey Alfred Ntuli v S (20730/2014)

Godfrey Alfred Ntuli v S (20730/2014) [2025] ZASCA 53; 2025 (2) SACR 157 (SCA) (9 May 2025)

The Supreme Court of Appeal considered whether the state had proved the complainant's age beyond reasonable doubt, as required for a conviction under s 51(1) of the Criminal Law Amendment Act. The majority held that the admission of hearsay evidence regarding the complainant's age was justified in the interests of justice, given the appellant's acquiescence and the absence of prejudice to his fair trial rights. The appellant was aware of the minimum sentence regime and directed his defence accordingly. The reference to s 51(2) in the charge sheet did not prejudice the appellant, as he was not…

  • Hearsay Evidence
  • Minimum Sentencing
  • Rape Of Minor
  • Fair Trial Rights
  • Charge Sheet Error
  • Criminal Procedure
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Criminal Law [2014] ZASCA 149

Ndlovu v S (204/2014)

Ndlovu v S (204/2014) [2014] ZASCA 149 (26 September 2014)

The Supreme Court of Appeal held that the error in the charge-sheet, which referred to s 51(2) instead of s 51(1) of the Criminal Law Amendment Act, did not in itself result in a failure of justice or infringe the appellant's right to a fair trial. The appellant was legally represented and was made aware of the seriousness of the charge and the minimum sentencing regime. The court found no factual foundation for the claim that the appellant would have acted differently had the correct section been cited. The evidence established the jurisdictional facts for life imprisonment, namely that the…

  • Minimum Sentencing
  • Criminal Law Amendment Act
  • Rape
  • Fair Trial Rights
  • Charge Sheet Error
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.