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South Africa decisions
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Sithole v Regional Magistrate A Swanepoel and Another (REV69/2022) [2024] ZALMPPHC 17 (26 February 2024)
The High Court dismissed a review of a magistrate’s ruling allowing the prosecution to reopen its case to prove the complainant’s age in a child-sexual-offence trial.
Makhubela v S (A320/2017) [2018] ZAFSHC 61 (9 May 2018)
On appeal, the court found reasonable doubt on the rape conviction and declined to enter a competent verdict of statutory rape, setting aside the conviction and sentence.
Makhubela v S (A320/2017) [2018] ZANCHC 25 (9 May 2018)
The High Court upheld an appeal against a rape conviction, finding reasonable doubt on the complainant’s evidence and insufficient basis for a statutory-rape verdict.
D v S (89/16) [2016] ZASCA 123 (22 September 2016)
The Supreme Court of Appeal held that the defect in the charge sheet did not render the proceedings invalid, as the appellant was sufficiently informed of the charges and the State's intention to rely on the minimum sentencing regime. The court found no substantial and compelling circumstances to justify deviation from the prescribed sentence of life imprisonment, noting that the appellant's personal circumstances, guilty plea, and status as a first offender were not sufficient. The seriousness of the offences, the abuse of the father-daughter relationship, and the psychological and emotional…
Source excerpt
H.M.A v S (42/2015) [2016] ZANCHC 5 (15 April 2016)
High Court review of a child rape sentence held the magistrate’s order incompetent and remitted the matter for fresh sentencing.
V v S (A85/2014) [2015] ZAFSHC 51 (12 March 2015)
Appeal against rape conviction and 15-year sentence dismissed. The High Court upheld the complainant’s evidence, rejected the alibi, and confirmed sentence.
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