Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Ngxabazi v S - Appeal (CA&R 188/19) [2023] ZAECMKHC 124 (7 November 2023)
The High Court upheld an appeal against rape conviction and life sentence after finding the child witnesses were not properly assessed for oath competency.
Khoza v S (AR 235/2022) [2023] ZAKZPHC 38 (28 March 2023)
The High Court upheld an appeal against a rape conviction, finding the child complainant’s evidence unsafe and the competency enquiry inadequate.
Chauke v S (A139/2020) [2022] ZAGPJHC 321 (15 March 2022)
The court found that the trial magistrate properly complied with the requirements of sections 162 and 164 of the Criminal Procedure Act by referring the child complainant for psychological assessment and appropriately admonishing him to speak the truth. The evidence of the complainant, corroborated by medical findings and the neighbour's testimony, was consistent and credible. The appellant's version was riddled with contradictions and lacked corroboration. The court held that the State proved its case beyond reasonable doubt. Regarding sentence, the court found no misdirection or compelling…
Source excerpt
Lesese v S (RC2/135/2015; A372/2017) [2021] ZAGPPHC 59 (3 February 2021)
The High Court upheld an appeal in a child sexual offences case, finding material irregularities in the handling of the child witness, hearsay medical evidence, and proof beyond reasonable doubt.
Botha v S (A157/2019) [2020] ZAGPPHC 318 (17 June 2020)
Appeal in child sexual offences matter partly upheld: some convictions set aside, two rape convictions replaced with lesser offences, others confirmed.
S.E.D v S (AR 563/18) [2019] ZAKZPHC 73; 2020 (1) SACR 78 (KZP) (8 November 2019)
The court found that the convictions for sexual assault and attempted rape did not constitute improper duplication, as the elements of the two offences are distinct. The evidence established that the appellant committed two separate criminal acts: sexual assault by oral contact and attempted rape by attempting penetration. The court held that the enquiry into the complainant's competency was sufficient, and although the sequence of swearing in was not ideal, the complainant understood the importance of telling the truth and was a competent witness. The evidence of the complainant, corroborate…
Source excerpt
Sangweni v S (AR 220/2018) [2019] ZAKZPHC 8; 2019 (1) SACR 672 (KZP) (1 March 2019)
The magistrate's single question to the complainant regarding her understanding of the difference between truth and lies was insufficient to establish her competency as a witness under section 164(1) of the Criminal Procedure Act. The court held that the complainant's evidence was inadmissible because the magistrate did not adequately determine whether she understood the importance of speaking the truth and the consequences of telling lies. As a result, the conviction and sentence based on her evidence could not stand, and the appeal was upheld.
Source excerpt
S.S v S (AR220/2018) [2019] ZAKZPHC 7 (1 March 2019)
The magistrate's single question to the complainant regarding her knowledge of the difference between truth and lies was insufficient to establish her competency as a witness under section 164(1) of the Criminal Procedure Act. The court held that more was required to determine whether the complainant understood the importance of speaking the truth and the consequences of lying. Without such an inquiry, the complainant could not be properly admonished to speak the truth, rendering her evidence inadmissible. As her evidence formed the basis of the conviction, both the conviction and sentence co…
Source excerpt
B v S (A141/2017) [2017] ZAWCHC 66; 2017 (2) SACR 366 (WCC) (9 June 2017)
The High Court upheld convictions for sexual offences against a child, found the child witness properly admitted, and replaced a composite life sentence with separate sentences.
Chili v S (AR754/14) [2016] ZAKZPHC 12; [2017] 3 All SA 358 (KZP) (12 February 2016)
The High Court set aside a rape conviction and life sentence, finding the complainant's evidence materially inconsistent and the case not proved beyond reasonable doubt.
Explore more
