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South Africa decisions
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Mathenjwa v S (AR509/2014) [2016] ZAKZPHC 20 (19 February 2016)
Appeal against a rape conviction succeeded because the prosecution evidence was too unclear and insufficient, and the trial court did not properly evaluate the child witness evidence.
Ndokwane v S (AR 591/2010) [2011] ZAKZPHC 23; 2012 (1) SACR 380 (KZP) (27 May 2011)
The court found that the regional magistrate conducted a proper enquiry into the competence of the child witness, who was able to distinguish between truth and falsehood and was properly admonished to speak the truth. The requirements of section 164 of the Criminal Procedure Act were satisfied, and the evidence was admissible. The intermediary's failure to be sworn in did not amount to an irregularity affecting the reliability or admissibility of the evidence, as her role was to facilitate communication and not to convey evidence to the court. The conviction for rape was supported by the comp…
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