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South Africa Case Law

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Criminal Law [2018] ZAECGHC 35

Botlani and Another v S (CA&239/17)

Botlani and Another v S (CA&239/17) [2018] ZAECGHC 35 (29 March 2018)

Court
Eastern Cape High Court, Grahamstown
Case number
CA&239/17
Judges
B R Tokota, J Roberson

The cumulative effect of the evidence, including contradictions and improbabilities in the complainant's account, lack of medical corroboration, and concessions by supporting witnesses, cast doubt on the veracity of the State's case. The evidence did not establish the appellants' guilt beyond reasonable doubt. The trial court erred in relying on the State's evidence in its totality, as material contradictions and the absence of corroborative medical findings undermined the reliability of the complainant's version. The State's concession regarding the weaknesses in its case further supported t…

Source excerpt

  • Rape
  • Kidnapping
  • Criminal Procedure Act
  • Competence Of Child Witnesses
  • Onus Of Proof
  • Role Of Prosecutor
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Criminal Law [2014] ZASCA 168

Porritt and Another v National Director of Public Prosecutions and Others (978/2013)

Porritt and Another v National Director of Public Prosecutions and Others (978/2013) [2014] ZASCA 168; [2015] 1 All SA 169 (SCA); 2015 (1) SACR 533 (SCA) (21 October 2014)

Court
Supreme Court of Appeal
Case number
978/2013
Judges
Mpati, Brand, Tshiqi, Saldulker, Fourie

The Supreme Court of Appeal held that the removal of prosecutors on the basis of apprehension of bias does not entitle the accused to an acquittal under section 106(4) of the Criminal Procedure Act. The test for removal of a prosecutor for bias is not the same as that for the recusal of a judicial officer. Prosecutors are inherently partisan in adversarial proceedings, and their prior involvement or funding by SARS does not automatically compromise the fairness of the trial. The correct test is whether substantive unfairness arises on the facts, not a general standard of independence. The cou…

Source excerpt

  • Title To Prosecute
  • Fair Trial Rights
  • Apprehension Of Bias
  • Removal Of Prosecutor
  • Section 106 Criminal Procedure Act
  • Role Of Prosecutor
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.