Recent Case: Evidence

• Jurisdiction: South Africa
• Pages: 108-111
• Author: P J Schwikkard
• Published date: 24 May 2019
• Date: 24 May 2019

108



SACJ •

(2001) 14 •

SAS

Evidence

PJ SCHWIKKARD

Faculty of Law, University of Cape Town

Admissions

The appellant, in

S v Mathlare

2000 (2) SACR 515 (SCA) was a teacher

convicted of the statutory offence of having intercourse with a girl under the

age of sixteen. The complainant, a pupil at the school at which he taught,

consequently fell pregnant. The appellant denied that he had intercourse

with the complainant. At the trial the court ordered that a blood sample be

taken from the appellant. There were subsequent postponements to enable

the appellant to properly consider expert testimony based on an analysis of

the samples. On appeal it was alleged that the prosecution had failed to

present formal evidence to the effect that the blood samples identifying him

as the father of the child were taken from himself, the child and complainant.

During the trial the source of the blood samples had not been raised in cross-

examination, the cross-examination having focussed on the reliability of the

analysis of the samples and the conclusions drawn from such analysis. The

appeal court held that the tenor of the defence cross-examination, in the

particular context of the trial, constituted an informal admission of the source

of the blood samples. In effect the failure to challenge the admissibility of the

evidence at trial precluded the appellant from challenging its admissibility at

the appeal stage.

Children

The appellant in

S

v T2000 (2) SACR 658 (CkH) was charged and convicted

in the regional court of the rape of two young girls. The children were aged

(2001) 14 SACJ 108

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