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South Africa decisions
Decisions matching the current search
Serathi v S (39597/2016) [2016] ZAFSHC 158 (8 September 2016)
The High Court dismissed a rape appeal, confirming conviction and life sentence. It also held that the complainant’s sexual history was irrelevant on the facts.
S v Zuma (JPV325/05 , JPV325/05) [2006] ZAGPHC 45; [2006] 3 All SA 8 (W); 2006 (7) BCLR 790 (W); 2006 (2) SACR 191 (W) (8 May 2006)
High Court rape trial on Jacob Zuma, focused on consent, mens rea, credibility, and sexual history evidence, ending in acquittal.
S v M (397/2001) [2002] ZASCA 75; [2002] 3 All SA 599 (A); 2003 (1) SA 341 (SCA); 2002 (2) SACR 411 (SCA) (31 May 2002)
The Supreme Court of Appeal held that the remittal for further evidence was improperly granted, as the proposed evidence from Ngema and Khumbuza was irrelevant to the central issue of the appellant's identity as the perpetrator. The evidence of Ngema regarding the complainant's sexual history was inadmissible under s 227(2) of the Criminal Procedure Act, as it lacked relevance and served only to attack her credibility. The conduct of the investigating officer in intimidating Ngema was a serious irregularity, but did not result in a failure of justice because Ngema's evidence was inherently un…
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