Recent Case: Evidence

• Jurisdiction: South Africa
• Citation: (2003) 16 SACJ 89
• Author: P J Schwikkard
• Date: 24 May 2019
• Pages: 89-98
• Published date: 24 May 2019

Recent Cases

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89

Evidence

PJ SCHWIKKARD

University of Cape Town

Age

The court noted in

S v Mbelo

2003 (1) SACR 84 (NCD) that '[w]here the age of

either an accused or a complainant is material to either the offence or to

sentence, hearsay evidence thereof is admissible' (at para 8). (See also

S v

Moeketsi

1976 (4) SA 838 (0);

S v Magqabudi

1983 (4) SA 54 C110. Majiedt J

also held that a baptismal certificate was not sufficient proof of age.

However, the court held that formal admissions made by the accused's legal

representative in the pleadings were binding and sufficient proof of the ages

in question.

(2003) 16 SACJ 89

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