S v Gadini (RCA 36/2021) [2025] ZAWCRD 3 (18 June 2025)

Criminal Law Amendment Act s 51 – minimum sentences; substantial and compelling circumstances; plea of guilty and remorse; relative youthfulness as mitigation; application of S v Malgas; victim impact and sentencing; life imprisonment for murder and rape.

* Evidence – microdot identification of motor vehicles – microdots as immutable unique identifiers and persuasive proof of VIN/chassis identity. * Civil procedure – motion proceedings – applicant bound by respondent’s version unless demonstrably untenable; need to plead and prove factual basis for new grounds. * Administrative action/procedural fairness – duty to plead and establish factual basis for procedural-fairness complaint. * Appeal – leave to appeal requires reasonable prospect of success under s 17(1)(a) of the Superior Courts Act.

Separation of powers; in medias res review of parliamentary committee proceedings; exceptional-circumstances/grave-irreversible-harm test for intervention; PAJA inapplicable to parliamentary section 194(1) committee functions; review under principle of legality; recusal and procedural-fairness complaints premature.

Criminal law – rape – evaluation of evidence of child witness with special needs; application of cautionary approach; contradictions and credibility. Criminal procedure – defective charge sheet – s88 Cure by evidence. Sentencing – minimum prescribed life imprisonment where victim under 18 and mentally disabled; Malgas principles; repeated penetration versus separate rapes.