S v Ramollo (RCA 31/2016) [2024] ZAWCRD 1 (16 May 2024)

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 – Rape – Consent to sexual penetration – Competence of invocation of s 311 Criminal Procedure Act – Sufficiency of evidence to prove absence of consent beyond reasonable doubt – Appellate review of factual findings and interference with trial court conviction.

Criminal law – Sexual offences – Rape requires proof of penetration; medical evidence and testimony of examining doctor often critical. Child witness – evidence to be treated with caution and interpreter accuracy important. Procedure – failure to call medical witness may render rape conviction unsafe; permissible verdicts include indecent assault. Constitutional/administrative law – excessive delay in providing records and processing appeals infringes right of access to court.

Criminal law – sexual offences – rape (s 3 SORMA) – single‑witness evidence and cautionary approach – corroboration by first reports, J88 and DNA – pointing an object likely to be a firearm – assault with intent to do grievous bodily harm – kidnapping and duplication (splitting) of charges – evaluation of alibi and credibility.