South Africa Case Law

M v S (A343/2018)

M v S (A343/2018) [2019] ZAWCHC 101; [2019] 4 All SA 110 (WCC); 2020 (1) SACR 241 (WCC) (14 May 2019)

Court

Western Cape High Court, Cape Town

Case number

A343/2018

Judges

M Seale, MI Samela

The appeal court found that the circumstantial evidence, including the complainant's injuries consistent with recent sexual assault, the presence of the appellant's DNA in her undergarment, and the absence of any alternative explanation or challenge by the appellant, established his guilt beyond reasonable doubt. The appellant's failure to testify or rebut the prima facie case, coupled with the unchallenged expert and first reporter evidence, left no reasonable inference other than his commission of the offence. The sentence imposed was not disproportionate given the aggravating circumstances…

Source excerpt

• Attempted Rape
• Sexual Offences Act
• Child Victims
• Circumstantial Evidence
• Sentencing Principles
• Secondary Victimisation

Mnguni v S (A12/2014)

Mnguni v S (A12/2014) [2014] ZAGPPHC 528; 2014 (2) SACR 595 (GP) (2 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

A12/2014

Judges

J.W. Louw, Keightley

The High Court set aside a conviction for rape of a mentally disabled person, but replaced it with rape and imposed the minimum 10-year sentence.

• Rape
• Mental Disability
• Minimum Sentencing
• Secondary Victimisation
• Expert Evidence
• Constitutional Rights