South Africa Case Law

S v Lenting and Others (CC08/2018)

S v Lenting and Others (CC08/2018) [2023] ZAWCHC 241; 2024 (2) SACR 157 (WCC) (14 September 2023)

Court

Western Cape High Court, Cape Town

Case number

CC08/2018

Judge

Lekhuleni

The court held that the recent amendments to section 170A of the Criminal Procedure Act significantly broadened the categories of witnesses eligible for intermediary assistance, extending protection beyond children to adults suffering from psychological, mental, or emotional conditions, regardless of age. The court found that both witnesses, although now adults, suffered from PTSD and psychological trauma as a result of witnessing the crimes as minors. Expert evidence established that one witness had a diminished mental age and the other was mildly intellectually impaired. The court determine…

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• Child Witness Protection
• Intermediary Appointment
• Closed Court Proceedings
• Constitutional Rights Of Witnesses
• Criminal Procedure Act Section 170a
• Ongoing Protection For Child Witnesses

S v Thezela (K36/11)

S v Thezela (K36/11) [2011] ZANCHC 17 (2 August 2011)

Court

Northern Cape High Court, Kimberley

Case number

K36/11

Judges

Hughes-Madondo, B Pakati

The High Court set aside district court bail proceedings against a child accused after finding no legal representation, no in camera hearing, and no preliminary inquiry.

• Right To Legal Representation
• Child Accused Procedure
• Preliminary Inquiry
• Closed Court Proceedings
• Right-to-legal-representation
• Child-accused-procedure

S v Mokoena, S v Phaswane (CC7/07, CC192/07)

S v Mokoena, S v Phaswane (CC7/07, CC192/07) [2008] ZAGPHC 148; 2008 (2) SACR 216 (T); 2008 (5) SA 578 (T) (12 May 2008)

Court

High Courts - Gauteng

Case number

CC7/07, CC192/07

Judge

E. Bertelsmann

The court held that the current statutory framework and procedures governing child victims and witnesses in criminal trials are unconstitutional to the extent that they fail to give effect to the paramountcy of children's interests as required by section 28(2) of the Constitution. Discretionary provisions regarding the appointment of intermediaries, exclusion of the public, and use of electronic devices for testimony do not adequately protect children from secondary trauma, alienation, and systemic delays. The court declared sections 170A(1), 153(3) and (5), 158(5), and the proviso to 164(1)…

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• Child Witnesses
• Criminal Procedure Act
• Section 28 Constitution
• Intermediaries
• Closed Court Proceedings
• Speedy Trial