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Nohour and Another v Minister of Justice and Constitutional Development (1139/2018) [2020] ZASCA 27; 2020 (2) SACR 229 (SCA) (26 March 2020)
The Supreme Court of Appeal dismissed a claim for damages arising from an alleged wrongful conviction, holding that causation was not proved.
Nahour and Another v Minister of Justice and Constitutional Development (6057/2007) [2018] ZAKZPHC 65 (3 August 2018)
The plaintiffs failed to discharge the onus of proving causation between the prosecutrix's irregularity and their damages. The evidence showed that, even excluding the complainant's testimony, the plaintiffs had a compelling case to answer and could have been convicted on the remaining evidence. Their acquittal by the Supreme Court of Appeal was not proof of innocence but rather a finding that the State had not met the threshold of proof beyond reasonable doubt. Furthermore, the plaintiffs' admitted criminal conduct—procuring sex for reward—constituted turpitude and was instrumental to their…
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