Recent Case: Law of evidence

JurisdictionSouth Africa
Citation(2016) 29 SACJ 350
Pages350-362
Published date24 May 2019
AuthorJo-Mari Visser
Date24 May 2019
Law of evidence
JO-MARÍ VISSER
University of the Free State
1 Evidence in sexual offences cases
1.1 Admissibility of rape complaints obtained under threat
In November 2015, the Supreme Court of Appeal in S v Vilakazi 2016
(2) SACR 365 (SCA), and the Western Cape Division of the high court
in S v G anga 2016 (1) SACR 600 (WCC), delivered judgments on the
admissibility of complaints by ch ild victims of sexua l offences after
it was discovered that such complaints had been obtained by way of
threat.
The court in S v Vilakazi 2016 (2) SACR 365 (SCA) was tasked
to decide an appeal after the appellant had been convicted by the
Delmas regional court of raping the complain ant, a 12-year-old girl.
The conviction had been conrmed by the G auteng High Court, and
again by the full cour t of the Gauteng Division, before the appellant
350 SACJ . (2016) 3
(2016) 29 SACJ 350
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