S v Mazamela (RCA42/2020) [2023] ZAWCRD 7 (25 August 2023)

Constitutional law — Presidential powers — appointment of commissions under s 84(2)(f) — not administrative action under s 33 but constrained by legality and good faith; Commissions Act — statutory jurisdictional fact that subject matter be a >matter of public concern= — objectively required before vesting coercive powers; Audi alteram partem — no duty to afford pre-appointment hearing absent legitimate expectation or clear necessity; Terms of reference — must be sufficiently certain to define inquiry; Separation of powers — exceptional restraint required before compelling head of state to give oral evidence.

Criminal law – Sexual offences – Single child witness evidence and trustworthiness (Woji principles; rejection of double cautionary rule); illegally obtained warning statement and its exclusion; late and uncorroborated alibi (Thebus); minimum sentencing under s 51(1) and Schedule 2 – no substantial and compelling circumstances to deviate from life imprisonment.

Criminal law – Sexual offences – Reliance on single child complainant’s evidence – Requirement that such evidence be clear and satisfactory in every material respect; Prosecutorial conduct – leading of child witness and effect on fairness of trial; Appeal – when convictions based on unsatisfactory single‑witness evidence are unsafe; Fresh evidence – limits on reception on appeal.

Criminal law – sexual offences against a child; single witness/child evidence – application of cautionary approach; medical evidence – intact hymen does not rule out sexual penetration; evaluation of alleged coaching or motive to fabricate; appellate review of factual credibility findings.