Recent Case: Law of evidence

• Jurisdiction: South Africa
• Citation: (2016) 29 SACJ 350
• Pages: 350-362
• Published date: 24 May 2019
• Author: Jo-Mari Visser
• Date: 24 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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