South Africa Case Law

Mokoena v S (CA 43/2023)

Mokoena v S (CA 43/2023) [2024] ZANWHC 135 (31 May 2024)

Court

North West High Court, Mafikeng

Case number

CA 43/2023

Judges

Mfenyana, Khan

Condonation for the late noting and prosecution of the appeal was granted as the appellant provided a detailed and reasonable explanation for the delay, which was not due to his own fault but circumstances beyond his control. The appointment and competence of the intermediary, Manamela, were adequately interrogated on record, and although the record was silent on his registration with the South African Council for Educators, this did not affect the reliability of the evidence or impair real and substantial justice. The trial court's findings on conviction were not vitiated by misdirection and…

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• Rape Of Minor
• Minimum Sentencing
• Condonation
• Intermediary Appointment
• Substantial And Compelling Circumstances

Matokonyane v S (CA 34/2016)

Matokonyane v S (CA 34/2016) [2024] ZANWHC 41 (16 February 2024)

Court

North West High Court, Mafikeng

Case number

CA 34/2016

Judges

J T Djaje, H Scholtz

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.

• Rape
• Intermediary Appointment
• Criminal Procedure Act Section 170a
• Competence Of Intermediary
• Admissibility Of Evidence
• Criminal-appeal

S v Lenting and Others (CC08/2018)

S v Lenting and Others (CC08/2018) [2023] ZAWCHC 241; 2024 (2) SACR 157 (WCC) (14 September 2023)

Court

Western Cape High Court, Cape Town

Case number

CC08/2018

Judge

Lekhuleni

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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• Child Witness Protection
• Intermediary Appointment
• Closed Court Proceedings
• Constitutional Rights Of Witnesses
• Criminal Procedure Act Section 170a
• Ongoing Protection For Child Witnesses

Mosia v S (CA 03/2021)

Mosia v S (CA 03/2021) [2023] ZANWHC 138 (18 August 2023)

Court

North West High Court, Mafikeng

Case number

CA 03/2021

Judges

Hendricks, Petersen

The High Court dismissed an appeal against a rape conviction, holding that a child-witness assessment report was admitted by consent and not relied on in conviction.

• Rape
• Child Witness
• Intermediary Appointment
• Fair Trial Rights
• Admissibility Of Evidence
• Criminal-appeal

Mabalane v S (CA41/19)

Mabalane v S (CA41/19) [2023] ZANWHC 97 (15 June 2023)

Court

North West High Court, Mafikeng

Case number

CA41/19

Judges

Petersen, Reddy

Appeal partly succeeded after the court found procedural non-compliance with intermediary rules and unreliable identification evidence on count 2.

• Sexual Offences And Related Matters Act
• Child Witness Protection
• Intermediary Appointment
• Identification Evidence
• Criminal Procedure Act
• Firearms Control Act

Dipheko v S (CA34/19)

Dipheko v S (CA34/19) [2020] ZANWHC 87 (12 November 2020)

Court

North West High Court, Mafikeng

Case number

CA34/19

Judges

M Z Makoti, R D Hendricks

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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• Rape Of Minor
• Intermediary Appointment
• Criminal Procedure Act Section 170a
• Irregularity In Proceedings

Makumu v S (CA&R49/2013)

Makumu v S (CA&R49/2013) [2016] ZANCHC 86 (23 September 2016)

Court

Northern Cape High Court, Kimberley

Case number

CA&R49/2013

Judges

Olivier, Mamosebo

The trial court failed to comply with the mandatory provisions of sections 170A, 162, 163, and 164 of the Criminal Procedure Act. The intermediary was appointed without a proper enquiry and was not sworn in, and the complainant was admonished without a finding that he did not understand the nature and import of the oath or affirmation. These failures constitute gross irregularities that vitiate the proceedings. The conviction and sentence cannot stand and must be set aside. The State is at liberty to pursue the matter afresh if it so elects.

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• Rape
• Child Witnesses
• Intermediary Appointment
• Admonishment Of Witness
• Irregularity In Proceedings

Kerkhoff v Minister of Justice and Constitutional Development and Others (2011 (2) SACR 109 (GNP))

Kerkhoff v Minister of Justice and Constitutional Development and Others (2011 (2) SACR 109 (GNP)) [2010] ZAGPPHC 5; 14920/2009 (10 February 2010)

Court

North Gauteng High Court, Pretoria

Case number

14920/2009

Judges

B.R. Southwood, J. Hiemstra

The High Court dismissed an application for contempt and disclosure of confidential child-assessment papers, holding that PAIA governed access and had not been invoked.

• Contempt Of Court
• Access To Information
• Child Witnesses
• Intermediary Appointment
• Confidentiality Of Records
• Contempt-of-court