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South Africa decisions
Decisions matching the current search
S v Ntose - Special Review (CA&R121/2023) [2023] ZAECMKHC 84 (4 August 2023)
The High Court remitted a sexual-offence trial for a de novo start, citing uncertainty about in camera proceedings and no record that the intermediary was sworn in.
Ntshigila v S (A392/16) [2018] ZAGPPHC 598 (28 March 2018)
The court found that both the intermediary and the complainant were properly sworn in and that the complainant, despite her age, understood the nature and consequences of the oath. The trial court correctly applied cautionary rules to the single witness testimony and properly admitted hearsay evidence under statutory provisions. The appellant's version was rejected as not reasonably possibly true, and the alleged grudge was found to be unfounded. No misdirection or irregularity was identified in the trial proceedings. The appeal against conviction was dismissed, and the conviction confirmed.
Source excerpt
Van der Bank v S (245/2015) [2016] ZASCA 10 (9 March 2016)
The Supreme Court of Appeal dismissed an appeal against rape and indecent assault convictions, finding the complainant lacked capacity to consent.
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