M v S (CCT 53/06) [2007] ZACC 18 (26 September 2007)

Criminal law and procedure – evidence of a single child witness in a rape case – the double cautionary rule – contradictory evidence – admission of a warning statement obtained illegally – alibi defence – motive as a defence – sentence – whether there are substantial and compelling circumstances justifying a lesser sentence than life imprisonment.

Criminal Procedure Act — section 154(3) — identity of child victims — ongoing identity protection — competing constitutional rights — equality — best interests of the child — privacy and dignity — restorative justice — stigmatisation and agency —freedom of expression — open justice Order of declaration of invalidity granted and suspended for 24 months — interim reading-in granted