Kaibe v S (A94/2019)
Kaibe v S (A94/2019) [2019] ZAFSHC 179 (3 October 2019)
The appeal succeeded because the evidence of the complainant, a single child witness, was found to be unreliable and contradictory. The discrepancies between her testimony and that of her grandmother, the unexplained possession of the appellant's house keys, and the delay in reporting the alleged rape undermined her credibility. The medico-legal report and absence of DNA evidence further fortified doubt. The appellant's version was not far-fetched and was reasonably possibly true. The trial court erred in accepting the complainant's version and rejecting the appellant's. In criminal law, wher…
Source excerpt
- Rape
- Single Witness Rule
- Child Testimony
- Credibility Assessment
- Criminal Procedure Act Section 208
- Criminal Law Amendment Act Section 51