South Africa Case Law

Ndokwane v S (AR 591/2010)

Ndokwane v S (AR 591/2010) [2011] ZAKZPHC 23; 2012 (1) SACR 380 (KZP) (27 May 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 591/2010

Judges

Gorven, Wallis, Ngwenya

The court found that the regional magistrate conducted a proper enquiry into the competence of the child witness, who was able to distinguish between truth and falsehood and was properly admonished to speak the truth. The requirements of section 164 of the Criminal Procedure Act were satisfied, and the evidence was admissible. The intermediary's failure to be sworn in did not amount to an irregularity affecting the reliability or admissibility of the evidence, as her role was to facilitate communication and not to convey evidence to the court. The conviction for rape was supported by the comp…

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• Rape Of Minor
• Competence Of Child Witness
• Intermediary Procedure
• Criminal Procedure Act
• Sentencing
• Admissibility Of Evidence

S v Hans (KS 60/02)

S v Hans (KS 60/02) [2008] ZANCHC 40 (12 September 2008)

Court

Northern Cape High Court, Kimberley

Case number

KS 60/02

Judges

SA Majiedt, CJ Olivier, KJ Moloi

The court held that although the intermediary was not sworn in, this irregularity was not fatal because the official interpreter correctly conveyed the admonition to the complainant in her home language and interpreted her responses to the court. The proceedings were thus not to the detriment of the appellant. However, the complainant's evidence, as a single child witness, was found to be unsatisfactory due to material discrepancies, improbabilities, and lack of corroboration, particularly regarding the alleged threat with a knife and her failure to seek help. The medical evidence did not con…

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• Child Witness Evidence
• Cautionary Rule
• Rape
• Intermediary Procedure
• Admissibility Of Evidence

S v Motaung (ECJ 079/2005)

S v Motaung (ECJ 079/2005) [2005] ZAECHC 33; 2007 (1) SACR 476 (SE) (19 October 2005)

Court

High Courts - Eastern Cape

Case number

ECJ 079/2005

Judge

Jones

The High Court held that failing to swear in an intermediary was an irregularity, but it caused no failure of justice. Conviction stood; sentence was reduced to 10 years.

• Compulsory Minimum Sentence
• Rape Of Minor
• Intermediary Procedure
• Irregularity In Procedure
• Substantial And Compelling Circumstances
• Criminal-law