Haarhoff and Another v Director of Public Prosecutions Eastern Cape (Grahamstown) (1192/17)
Haarhoff and Another v Director of Public Prosecutions Eastern Cape (Grahamstown) (1192/17) [2018] ZASCA 184; [2019] 1 All SA 585 (SCA); 2019 (1) SACR 371 (SCA) (11 December 2018)
The Supreme Court of Appeal held that the complainant, though intellectually challenged, was properly assessed by an expert psychologist and found competent to testify. The trial court's admonition under section 164 of the Criminal Procedure Act was appropriate, as the complainant understood the difference between truth and falsehood and the obligation to speak the truth. The court found that the complainant's evidence, corroborated by DNA and objective facts, was reliable and credible despite minor contradictions. The appellants' versions were riddled with improbabilities and inconsistencies…
Source excerpt
- Rape
- Competence Of Witnesses
- Admonition Under Criminal Procedure Act
- Mental Disability And Consent
- Credibility Of Single Witness
- Sentencing Principles