S v Rahlau (344/2010)
S v Rahlau (344/2010) [2010] ZAFSHC 74 (5 August 2010)
The court held that the complainant, as the accused's wife and the victim of the alleged contravention of a protection order, was both a competent and compellable witness for the prosecution under section 195(1)(a) of the Criminal Procedure Act. The magistrate's failure to explain the section to the complainant did not constitute a gross irregularity, as the statutory exception applied and the complainant's attitude was irrelevant in the circumstances. The court found no basis for extraordinary review of the unterminated proceedings, as no grave injustice or irreversible miscarriage of justic…
Source excerpt
- Domestic Violence Act
- Competency Of Witnesses
- Compellability Of Spouse
- Review Of Unterminated Proceedings