South Africa Case Law

Lategan and Another v Director of Public Prosecutions, Western Cape and Another (314/2022)

Lategan and Another v Director of Public Prosecutions, Western Cape and Another (314/2022) [2024] ZASCA 74; 2024 (2) SACR 227 (SCA) (10 May 2024)

Court

Supreme Court of Appeal

Case number

314/2022

Judges

Molemela, Hughes, Weiner, Windell, Keightley

Sections 58, 59, and 60 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are procedural in nature and do not affect the substantive rights of accused persons. These provisions apply to future criminal proceedings, even where the underlying offences were committed before the Act's commencement but prosecuted thereafter. The presumption against retrospectivity does not bar the application of procedural rules to future trials. The regional magistrate's order to remove these sections from the charge sheet was a gross irregularity, properly subject to review rathe…

Source excerpt

• Sexual Offences
• Retrospective Application
• Procedural Vs Substantive Law
• Review Vs Appeal
• Criminal Evidence
• Transitional Provisions

B C v S (A8/2020)

B C v S (A8/2020) [2020] ZAFSHC 180 (30 October 2020)

Court

Free State High Court, Bloemfontein

Case number

A8/2020

Judges

Chesiwe, J, Opperman, J

The High Court upheld convictions for child sexual offences and assault, but reduced the rape sentence from life imprisonment to 20 years.

• Sexual Offences Against Children
• Criminal Evidence
• Sentencing Principles
• Duplication Of Convictions
• Assault With Intent To Do Grievous Bodily Harm
• Rape