Molimi v S (CCT 10/07) [2008] ZACC 2 (4 March 2008)

Doctrine of res judicata — power to relax doctrine in exceptional circumstances — sections 173 and 39(2) of the Constitution — circumstances in which Court will revisit final judgments in criminal cases

Extra-curial admissions of an accused inadmissible against a Evidence Amendment Act 45 of 1988 — admission of extra-curial admissions but not confessions violates section 9(1) of the Constitution — common law position restored 

Law of Evidence Amendment Act 45 of 1988 — application of section 3(1)(c) — admission of hearsay evidence — interests of justice

Criminal law – evidence – what constitutes sufficiency of circumstantial evidence – conviction based on circumstantial evidence well-founded – convicted on the strength of DNA evidence and confession – importance of conducting proper pointing out – conviction confirmed.

Trade marks – whether marks liable to be removed from register – lack of distinctiveness in terms of s 24 read with ss 10(2)(a), (b) and (c) of Trade Marks Act 194 of 1993 (the Act) – non-use for five years or longer under s 27(1)(b) of the Act – registration without a genuine intention to use coupled with non-use under s 27(1)(a) – likelihood of confusion or deception arising from manner of use of mark under s 10(13).