South Africa Case Law

S v Zondo (CC13/2021)

S v Zondo (CC13/2021) [2024] ZAGPPHC 985 (20 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC13/2021

Judge

Mosopa

The court found that Professor Labuschagne's expert evidence is admissible. The expert's reliance on both local and international literature is permissible, provided the sources are reliable and peer-reviewed. The court emphasized that expert evidence assists in understanding complex psychological issues, such as delayed reporting in sexual offences, and that the probative value of such evidence is assessed at the end of the trial. The court held that the accused's right to a fair trial is not prejudiced by the admission of the expert's hearsay evidence at this stage, as the accused is aware…

Source excerpt

• Admissibility Of Expert Evidence
• Hearsay Evidence
• Sexual Offences
• Delayed Reporting
• Fair Trial Rights

Classen v S (A82/2020)

Classen v S (A82/2020) [2024] ZAFSHC 182 (7 June 2024)

Court

Free State High Court, Bloemfontein

Case number

A82/2020

Judges

Opperman J, Nemavhidi AJ

Appeal dismissed in a rape case involving a 15-year-old complainant. The High Court upheld the conviction and life sentence, finding the evidence was properly assessed.

• Rape Of Minor
• Credibility Of Witnesses
• Single Witness Evidence
• Delayed Reporting
• Sentence Appeal
• Rape-of-minor

M.J.M v S (A165/2017)

M.J.M v S (A165/2017) [2018] ZAGPPHC 952 (6 July 2018)

Court

North Gauteng High Court, Pretoria

Case number

A165/2017

Judges

Mosopa, De Vos

High Court appeal in a rape conviction upheld the complainant’s competence, the use of an intermediary, and the sentence. The State’s sentence cross-appeal also failed.

• Rape Of A Minor
• Child Witness Competency
• Use Of Intermediary
• Minimum Sentences
• Delayed Reporting
• Hiv Status In Sexual Offences

Gedu v S (A35/2016)

Gedu v S (A35/2016) [2016] ZAFSHC 174 (29 September 2016)

Court

Free State High Court, Bloemfontein

Case number

A35/2016

Judges

J.J. Mhlambi, M.H. Rampai

High Court appeal against a rape conviction and life sentence dismissed; the court found the complainant credible, delay in reporting explained, and no compelling reason to depart from minimum sentence.

• Rape
• Minimum Sentencing
• Credibility Of Witnesses
• Delayed Reporting
• Remorse
• Appeal Against Sentence

Y v S (A187/2014)

Y v S (A187/2014) [2014] ZAFSHC 221 (11 December 2014)

Court

Free State High Court, Bloemfontein

Case number

A187/2014

Judges

L.B.J. Moeng, S. Ebrahim

High Court criminal appeal against a rape conviction upheld after material misdirections were found in the trial court’s assessment of evidence.

• Rape
• Single Witness Evidence
• Onus Of Proof
• Credibility Assessment
• Delayed Reporting
• Corroboration

Heshu v S (CA&R 264/09)

Heshu v S (CA&R 264/09) [2010] ZAECGHC 13 (10 March 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 264/09

Judges

J W Eksteen, P W Tshiki

The appeal against a rape conviction succeeded because the complainant’s delayed, inconsistent account was unreliable and the State did not prove guilt beyond reasonable doubt.

• Rape
• Child Witness Evidence
• Delayed Reporting
• Cautionary Rule
• Misdirection
• Proof Beyond Reasonable Doubt

S v Cornick and Another (409/06)

S v Cornick and Another (409/06) [2007] ZASCA 14; [2007] 2 All SA 447 (SCA); 2007 (2) SACR 115 (SCA) (20 March 2007)

Court

Supreme Court of Appeal

Case number

409/06

Judges

Lewis, Ponnan, Theron

The Supreme Court of Appeal dismissed appeals against rape convictions and sentences, finding the complainant credible despite a 19-year delay in reporting.

• Rape
• Credibility Of Single Witness
• Cautionary Rule
• Sentencing
• Corroboration
• Delayed Reporting