Recent Case: Evidence

• Jurisdiction: South Africa
• Pages: 259-265
• Published date: 24 May 2019
• Citation: (1999) 12 SACJ 259
• Author: PJ Schwikkard
• Date: 24 May 2019

Recent Cases • Vonnisse

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259

Evidence

P-J SCHWIKKARD

Rhodes University

Child witnesses

In

S v Stefaans

1999 (1) SACR 182 (C) Mitchell AJ was called upon to hear an

appeal against a conviction for the rape of a 16 year old girl. The court found

it unnecessary to deal with the merits of the appeal as shortly before the

hearing supplementary heads of argument were filed in which it was alleged

that the complainant's evidence had not been properly put before the court a

quo as the court had admonished the accused without having established

whether the complainant was capable of understanding and making an oath

or affirmation. The court, while indicating that it was not satisfied that it was

an appropriate case for the application of s 164 of the Criminal Procedure

Act, found it unnecessary to decide the point as the court questioned

whether s 170A of the Criminal Procedure Act had been appropriately

applied. The court found that it had not, set aside the conviction and

sentence, but declined to deal with the appeal on the merits leaving it to the

Director of Public Prosecutions to decide whether a further prosecution

should follow.

The relevant provisions of s 170A read as follows:

'(1) Whenever criminal proceedings are pending before any court and it appears

to such court that it would expose any witness under the age of eighteen years to

(1999) 12 SACJ 259

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