South Africa Case Law

Bessick v S (A539/2010)

Bessick v S (A539/2010) [2012] ZAWCHC 248 (29 May 2012)

Court

Western Cape High Court, Cape Town

Case number

A539/2010

Judges

Veldhuizen R, Henney R, Moses WnR

The court held that the magistrate failed to properly comply with the requirements of section 164 of the Criminal Procedure Act when receiving the evidence of the child complainant. The inquiry conducted was inadequate, as the magistrate did not explain the meaning of the oath or affirmation to the child, nor did she properly determine whether the child understood its nature and import. The mere asking of whether the child knew the meaning of the words was insufficient. As a result, the warning to speak the truth was not lawfully administered, and the evidence was inadmissible. Since the comp…

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• Admissibility Of Evidence
• Child Witnesses
• Oath And Affirmation
• Fair Trial Rights

Adams v S (A142/10)

Adams v S (A142/10) [2010] ZAWCHC 151 (28 May 2010)

Court

Western Cape High Court, Cape Town

Case number

A142/10

Judges

Thring, Laubscher

The appeal succeeded because the trial court failed to conduct the mandatory enquiry into the complainant's competence as a witness, despite clear evidence of her intellectual disability. The magistrate treated the complainant as a normal witness without investigating her understanding of the oath or her ability to testify, contrary to the requirements of sections 193 and 194 of the Criminal Procedure Act. The evidence of the complainant was therefore inadmissible, and the conviction and sentence based on such evidence were set aside. However, the setting aside of the conviction and sentence…

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• Competence Of Witnesses
• Admissibility Of Evidence
• Rape
• Mental Disability
• Criminal Procedure Act
• Oath And Affirmation

S v Gallant (CA&R 69/06)

S v Gallant (CA&R 69/06) [2007] ZAECHC 64; 2008 (1) SACR 196 (E) (19 July 2007)

Court

High Courts - Eastern Cape

Case number

CA&R 69/06

Judges

E Revelas, C Plasket

Appeal against an indecent assault conviction failed on oath-compliance and evidentiary grounds; the conviction and sentence were set aside.

• Admissibility Of Evidence
• Procedural Irregularity
• Oath And Affirmation
• Indecent Assault
• Criminal-law
• Indecent-assault

S v Ohentse (34/05)

S v Ohentse (34/05) [2005] ZANCHC 17 (15 April 2005)

Court

Northern Cape High Court, Kimberley

Case number

34/05

Judge

Lacock

The High Court set aside theft and firearm convictions because two child witnesses were not properly sworn or warned under the Criminal Procedure Act.

• Admissibility Of Evidence
• Child Witnesses
• Oath And Affirmation
• Criminal Procedure Act Section 162
• Criminal Procedure Act Section 163
• Criminal Procedure Act Section 164