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Director of Public Prosecutions North Gauteng, Pretoria v Makhubela (A91/2014) [2014] ZAGPPHC 570 (6 August 2014)
The High Court set aside a magistrate’s acquittal after refusing a postponement sought for a child-witness intermediary report, and ordered a trial de novo.
Director of Public Prosecutions North Gauteng v Makhubela (A91/2014) [2014] ZAGPPHC 535 (6 August 2014)
The magistrate erred in refusing the State's application for postponement to obtain an updated intermediary report for the child complainant. The refusal was based solely on the accused's right to a speedy trial, without proper consideration of the interests of the child victim, the prosecution, or the public. The magistrate failed to specify any deficiencies in the expert affidavit and did not conduct the required enquiry under section 342A to determine whether exceptional circumstances existed for refusing the postponement. The respondent was on bail and would not have suffered prejudice fr…
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Le Roux v S (A746/10) [2011] ZAWCHC 367 (1 September 2011)
Appeal in a child-rape case. The court set aside the common-law rape conviction for a defective charge sheet, confirmed the statutory rape conviction, and imposed 18 years’ imprisonment.
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