South Africa Case Law

Mtetandaba v S (CA & R 51/2023)

Mtetandaba v S (CA & R 51/2023) [2025] ZAECMHC 7 (21 January 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CA & R 51/2023

Judges

Rusi, Jolwana

The appeal court found no material misdirection in the trial court's evaluation of the evidence. The trial court was faced with two conflicting versions and was entitled to weigh the probabilities and credibility of the witnesses. The appellant's version was not put to the complainant during cross-examination, undermining its reliability. The complainant's evidence, though imperfect, was not rendered wholly unreliable by minor discrepancies. The J88 medico-legal report was properly admitted and did not serve as a previous consistent statement corroborating the complainant's evidence. The tria…

Source excerpt

• Rape
• Sexual Offences And Related Matters Amendment Act
• Minimum Sentencing
• Credibility Of Single Witness
• Consent In Sexual Offences
• Cross Examination Failure

Vries v S (A15/2016)

Vries v S (A15/2016) [2019] ZAFSHC 171 (19 September 2019)

Court

Free State High Court, Bloemfontein

Case number

A15/2016

Judges

Opperman, Moeng

The High Court substituted a conviction for assault with intent to do grievous bodily harm with common assault, finding intent for grievous harm not proved.

• Assault With Intent To Do Grievous Bodily Harm
• Common Assault
• Dolus Eventualis
• Inferential Reasoning
• Criminal Intent
• Cross Examination Failure