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S v Kuyler and Others (78/2015) [2016] ZAFSHC 98; 2016 (2) SACR 563 (FB) (23 May 2016)
The court refused section 204(2) discharge, holding that the witness did not answer all questions frankly and honestly in a separate post-trial enquiry.
S v Mnyamana and Another (43/88) [1989] ZASCA 144 (20 November 1989)
The Supreme Court of Appeal found that the trial court committed an irregularity by prematurely discharging the state witnesses under section 204 before all evidence was heard. However, this irregularity was not fatal to the proceedings. The appeal was decided on the unreliability of the state witnesses' evidence, which was riddled with material contradictions and lacked corroboration, especially regarding the presence and actions of the accused at the scene. The post-mortem report did not support key aspects of the witnesses' testimony. The trial court failed to properly apply the cautionary…
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