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South Africa decisions
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Masango v S (A175/2021) [2024] ZAGPPHC 64 (5 February 2024)
High Court appeal in a rape conviction case: conviction upheld, but life sentence replaced with 20 years’ imprisonment after mitigation was found to justify a lesser sentence.
M.J v S -Appeal (CA&R 31/2023) [2023] ZAECMKHC 110 (11 October 2023)
The appeal was upheld because the trial court failed to properly determine the complainant's competency as a child witness under section 164(1) of the Criminal Procedure Act. The presiding officer did not conduct adequate questioning to establish whether the complainant understood the difference between truth and falsehood or the significance of the oath in the context of court proceedings. The complainant's evidence was therefore inadmissible, and the conviction was not supported by admissible evidence. The procedural irregularity compromised the appellant's right to a fair trial under secti…
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Clensie and Another v S (A2/2021) [2021] ZAGPPHC 694 (30 August 2021)
The High Court refused bail pending appeal to two convicted appellants, finding no exceptional circumstances and no sufficient basis to disturb the magistrate’s refusal.
Khumalo v S (AR5502/19) [2020] ZAKZPHC 63 (5 November 2020)
The High Court upheld a criminal appeal after finding the child complainant’s competency enquiry was deficient and the convictions unsafe.
S v Skepe (CC01/2019) [2019] ZAECELLC 4; 2019 (2) SACR 349 (ECP) (4 February 2019)
The High Court acquitted the accused of rape after finding the child complainant was not a competent witness and the State’s evidence lacked sufficient corroboration.
Dlamini v S (AR 713/17) [2018] ZAKZPHC 66; 2019 (1) SACR 467 (KZP) (9 November 2018)
The trial court failed to conduct a sufficient enquiry into the complainant's competence as a witness and did not make a finding regarding her understanding of the oath, as required by sections 162 and 164 of the Criminal Procedure Act. Although the complainant was admonished to speak the truth, the process did not comply with the mandatory requirements for establishing witness competency. Furthermore, the identification evidence was unreliable, as the complainant had seen photographs of the appellant prior to the identification parade and her dock identification was influenced by prior expos…
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M.J.M v S (A165/2017) [2018] ZAGPPHC 952 (6 July 2018)
High Court appeal in a rape conviction upheld the complainant’s competence, the use of an intermediary, and the sentence. The State’s sentence cross-appeal also failed.
Choku v S (CA50/2015) [2018] ZANWHC 7 (14 June 2018)
The High Court upheld a rape appeal, finding the child witness inquiry superficial and the State failed to prove penetration beyond reasonable doubt.
Ndaba v S (AR528/2017) [2018] ZAKZPHC 17 (18 May 2018)
Appeal against a rape conviction upheld after the court found the child complainant’s evidence inadmissible for lack of a proper competency enquiry and admonition.
Heroldt v S (AR429/2017) [2018] ZAKZPHC 14; 2018 (2) SACR 69 (KZP) (11 May 2018)
The court found that the complainant, despite her tender age, was competent to testify and could distinguish between truth and falsehood. The trial court correctly conducted the competency test and admonished the complainant. The terminology used by the complainant was clarified and accepted as referring to genitalia. The complainant's evidence was consistent and corroborated by the medical report, which was admitted by consent and not challenged. The medical findings supported the complainant's version and excluded the appellant's explanation for the injuries. The trial court exercised neces…
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