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South Africa decisions
Decisions matching the current search
Fortuin and Another v S (A17/2024) [2024] ZAWCHC 244 (5 September 2024)
The High Court dismissed an appeal against rape convictions and life sentences, finding the complainant competent, the medical evidence sufficient, and no basis to depart from minimum sentencing.
Ndwandwe v S (AR99/12) [2012] ZAKZPHC 47 (6 August 2012)
The appeal succeeded because the trial proceedings were fundamentally flawed by multiple procedural irregularities. The trial court failed to appoint an intermediary for child witnesses, did not properly conduct in camera proceedings, neglected to ascertain the competence of child witnesses, and failed to ensure fair cross-examination and the best interests of the child. The magistrate also omitted to invite further questioning after his own interventions, which prejudiced both the appellant and the complainant. These defects undermined the credibility findings and the fairness of the trial,…
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Matywatywa v S (A295/2010) [2011] ZAWCHC 543 (4 November 2011)
The court upheld a rape conviction, found the complainant was a competent witness, rejected unreliable DNA evidence, and reduced sentence to 10 years.
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