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South Africa decisions
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J.S v S (Appeal) (CA&R23/2025) [2025] ZAECMKHC 48; 2025 (2) SACR 204 (ECMk) (29 May 2025)
The High Court upheld an appeal in a rape case, finding the child complainant’s evidence inadmissible because she was not properly sworn or admonished.
Chetty v S (AR221/2022) [2024] ZAKZPHC 96 (10 January 2024)
Appeal against convictions for rape and sexual assault of a minor child dismissed. The High Court upheld the child complainant’s evidence and the conviction.
S v Ndunyunu (A487/2010) [2013] ZAWCHC 43 (28 February 2013)
The court found that the Magistrate had substantially complied with section 164(1) of the Criminal Procedure Act in admonishing the complainant, a child witness, to speak the truth, and that her evidence was admissible. The complainant's testimony was corroborated by other witnesses and the J88 medico-legal report, supporting the conviction for rape beyond reasonable doubt. However, the Magistrate misdirected herself by imposing sentence under section 51(1) of the Criminal Law Amendment Act 105 of 1997 when the charge sheet referenced section 51(2), and there was insufficient evidence to prov…
Source excerpt
Keet v S (A166/2010) [2010] ZAWCHC 447 (20 August 2010)
High Court upheld rape and indecent assault convictions, but reduced the life sentence on one rape count to 25 years and ordered concurrent running of all sentences.
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