South Africa Case Law

Motsoane v S (A178/2022)

Motsoane v S (A178/2022) [2023] ZAFSHC 360 (15 September 2023)

Court

Free State High Court, Bloemfontein

Case number

A178/2022

Judges

Reinders, Thamae

The appellate court found that the Regional Magistrate correctly evaluated the circumstantial evidence, including the eyewitness account, forensic medical findings indicating forceful penetration, and DNA evidence linking the appellant to the complainant. The absence of testimony from the complainant and the appellant did not detract from the sufficiency of the State's evidence. Applying the principles in R v Blom and S v Reddy, the court held that the only reasonable inference from the evidence was that the appellant penetrated the complainant's genitals on the day in question. There was no…

Source excerpt

• Rape
• Circumstantial Evidence
• Penetration
• Onus Of Proof
• Failure To Testify

Nyati v S (CA&R 32/2020)

Nyati v S (CA&R 32/2020) [2022] ZANCHC 4 (24 January 2022)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 32/2020

Judges

Williams, Eillert

The High Court dismissed a rape appeal, holding that the trial court correctly assessed a child complainant’s evidence and medical corroboration.

• Rape
• Evidence Of Children
• Cautionary Rule
• Penetration
• Medical Evidence
• Child-witness-evidence

Sindane v S (510/10)

Sindane v S (510/10) [2010] ZASCA 157 (1 December 2010)

Court

Supreme Court of Appeal

Case number

510/10

Judges

Ponnan, Mhlantla, Tshiqi

The Supreme Court of Appeal dismissed an appeal against a rape conviction, holding the complainant understood the term “rape” and the evidence proved all elements.

• Rape
• Assessment Of Evidence
• Elements Of Offence
• Penetration
• Single Witness
• Medical Corroboration