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South Africa decisions
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Matokonyane v S (CA 34/2016) [2024] ZANWHC 41 (16 February 2024)
The High Court upheld a criminal appeal after finding the intermediary appointment under section 170A was not properly proved, setting aside the rape convictions and sentence.
S v Lenting and Others (CC08/2018) [2023] ZAWCHC 241; 2024 (2) SACR 157 (WCC) (14 September 2023)
The court held that the recent amendments to section 170A of the Criminal Procedure Act significantly broadened the categories of witnesses eligible for intermediary assistance, extending protection beyond children to adults suffering from psychological, mental, or emotional conditions, regardless of age. The court found that both witnesses, although now adults, suffered from PTSD and psychological trauma as a result of witnessing the crimes as minors. Expert evidence established that one witness had a diminished mental age and the other was mildly intellectually impaired. The court determine…
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Dipheko v S (CA34/19) [2020] ZANWHC 87 (12 November 2020)
The court found that the procedures followed by the trial court complied with section 170A(1) of the Criminal Procedure Act. The intermediary was properly qualified, registered, and sworn in, and the record reflected the necessary details. The facts of this case were distinguishable from Ramontja, as the trial court had satisfied itself of the need for an intermediary and had followed the required process. The appellant's reliance on Ramontja was misplaced, and no fatal irregularity occurred. The appeal was dismissed and the conviction confirmed.
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S v S.I.N (A1029/11, PSH 122/11) [2011] ZAGPPHC 217; 2012 (2) SACR 317 (GNP) (14 December 2011)
High Court review on whether an unqualified intermediary used for child witnesses invalidated criminal proceedings under section 170A of the CPA.
S v Coetzee (A90/2010) [2010] ZAGPPHC 572 (11 February 2010)
High Court review on whether a formal state application was needed to appoint an intermediary for a 7-year-old complainant in a sexual offence case.
S v Booi and Another (CC 180/2003) [2004] ZANWHC 35; 2005 (1) SACR 599 (B) (30 November 2004)
The court set aside rape convictions because intermediaries were not properly appointed or sworn, and the trial court failed to assess whether child witnesses needed intermediary protection.
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