S v Tentsi (CC10/2025) [2026] ZAGPPHC 1132 (3 August 2026)

80 Reportability
Criminal Law

Brief Summary

Criminal Law — Sexual Offences — Rape — Accused charged with multiple counts of rape against minors — Evidence presented by victims detailing incidents of sexual penetration without consent — Accused pleading not guilty and denying allegations — Court finding sufficient evidence to establish guilt beyond reasonable doubt — Conviction on all counts and sentencing to life imprisonment as per statutory requirements.

Comprehensive Summary

Summary of Judgment


1. Introduction


This was a criminal trial in the High Court of South Africa, Gauteng Division, Pretoria, in which the State prosecuted Mr Moholo Voile Tentsi on three counts of rape as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The complainants were three minor children, namely K[... ] T[... ] (13 years old at the time of the alleged events), N[... ] N[... ] (15), and B[... ] P[... ] (10).


The accused was legally represented (Legal Aid South Africa). He pleaded not guilty to all charges and, in terms of section 115 of the Criminal Procedure Act 51 of 1977, provided a bare denial, putting the State to the proof of the allegations.


Procedurally, the State applied for protective measures because the case concerned offences of a sexual nature involving children. The trial was ordered to proceed in camera under section 153(3) of the Criminal Procedure Act 51 of 1977, and the complainants testified with the assistance of an intermediary in terms of section 170A (with reference also made to sections 158(2) and 170A of the same Act). The judgment addressed conviction only; it recorded the court’s verdicts on the counts as charged.


The general subject-matter of the dispute was whether the State proved, beyond reasonable doubt, that the accused unlawfully and intentionally committed acts of sexual penetration without consent against each complainant, and whether the accused’s denial (including an allegation that witnesses were influenced to fabricate the charges) was reasonably possibly true.


2. Material Facts


The court identified certain facts as common cause. The accused and the three complainants knew each other, the accused operated a salon in Zone 11, Sebokeng, and the complainants were residents of Zone 11 who used to cut their hair at that salon. The accused also knew certain State witnesses, including Paseka Maloka and Mpho Rabiri, and the accused’s salon was situated at Paseka’s residential premises. The accused’s residential home was at Kanana, which the court noted was far from the salon’s location. It was also common cause that the accused had, at one stage, owned a portable inflatable swimming pool.


The central factual dispute was whether the accused had sexual intercourse with the complainants at all. The accused denied having had sexual intercourse with K[... ], N[... ], and B[... ], and advanced a version (in substance) that Paseka influenced the complainants and other witnesses to lay false charges against him.


On the State’s version accepted by the court, K[... ] described an occasion at the accused’s residential place at Kanana when she went there with other children. She testified that the accused caused the other children to leave (to fetch water), and that during their absence he raped her in his bedroom without her consent. The court considered it material that K[... ] described items in the accused’s bedroom (including Coca-Cola cans) and that the accused, in his own evidence, confirmed that there were Coca-Cola tins in his bedroom because he collected tins/metal for recycling. The court treated this as supporting the conclusion that K[... ] had been inside the bedroom where she said the rape occurred.


K[... ] further testified about an incident at the disused Kwagga(stroom) train station, where the accused took children with him and, while there, sexually penetrated K[... ] from behind. The court relied on evidence that, after the incident at the train station, the accused gave the children R20 each. The court treated that aspect as part of a recurring pattern in the evidence.


M[... ] testified to witnessing the accused undress K[... ] and have sexual intercourse with her at the train station, and also testified to a later occasion at Kanana where she saw (through a partially open door) the accused engaging in sexual intercourse with K[... ] and B[... ]. The court treated her evidence as corroborative of K[... ]’s account on material aspects, including what occurred at the train station and the giving of R20.


B[... ] P[... ] testified that at the accused’s place at Kanana she was called into the bedroom and was raped, describing penetration and pain, followed by the accused pouring them Coke and their departure. The court treated this as material direct evidence on the count relating to B[... ].


N[... ] N[... ] testified that the accused raped her twice at the salon on different occasions, with the accused closing the salon door, undressing her and penetrating her vaginally without consent. She further testified that the accused warned her not to report the rape and threatened, in effect, that he would claim they had a “love relationship” if she disclosed it. The court recorded that N[... ] could not recall dates precisely but located the events within 2023 and 2024, which corresponded with the charge period in Count 2. Because N[... ] was alone with the accused when the salon rapes occurred, the court treated her as a single witness on those incidents and approached her evidence with caution, as required by the applicable principles.


The court also relied on the evidence of first disclosures and reporting pathways. It accepted that information about the accused’s conduct emerged through children speaking to adults (including Mpho and Paseka), which led to engagement with families and ultimately to police involvement.


The court relied on medical evidence in relation to K[... ] and N[... ] and recorded that findings were consistent with prior penetration. For B[... ], the court noted that the absence of injuries did not exclude penetration beyond the labia majora. The court treated these medical aspects as supportive of the State’s case where applicable.


3. Legal Issues


The central legal question was whether the State proved the accused’s guilt beyond reasonable doubt on each count of rape, which required proof of unlawful and intentional sexual penetration without consent as charged.


The dispute primarily concerned the application of legal standards to contested facts, including credibility and reliability assessments. The court was required to evaluate conflicting versions, determine whether the State witnesses (including children) were trustworthy, and decide whether the accused’s denial (and his allegation of a fabricated case) was reasonably possibly true.


A further legal issue arose from the nature of the evidence: the court had to apply the approach to child witnesses, and in relation to N[... ], the approach to a single witness, including whether her evidence was “clear and satisfactory in all material respects” and sufficiently reliable in the totality of the evidence.


The court also addressed the relevance of delay in reporting rape, specifically whether any adverse inference could be drawn from delayed disclosure, in light of the statutory provision relied upon in the judgment.


4. Court’s Reasoning


The court stated and applied the standard that the accused must be convicted if the evidence establishes guilt beyond reasonable doubt, and acquitted if it is reasonably possible that he might be innocent. In doing so, it relied on the approach articulated in S v Van der Meyden 1999 (1) SACR 447 (W) and S v Ntsele 1998 (2) SACR 178 (SCA).


Because the case involved children, and because N[... ] was a single witness to the salon incidents, the court applied cautionary principles. It referred to section 208 of the Criminal Procedure Act 51 of 1977 (permitting conviction on the evidence of a single witness) and emphasised that such evidence must be clear and satisfactory in all material respects, with reference to Rex v Mokoena 1932 OPD 79 and Rex v Mokoena 1956 (3) SA 81 (A). The court also relied on S v Saul 1981 (3) SA 172 (A) for the proposition that there is no mechanical formula for single-witness evaluation; caution must not displace common sense, and the court must weigh merits and demerits to determine whether, notwithstanding shortcomings, the truth has been told.


On the evaluation of children’s evidence, the court relied on Woji v Santam Insurance Company Ltd 1981 (1) SA 1020 (A), emphasising trustworthiness factors such as observation, recollection, and narration, as well as the risk of suggestibility and the need for a careful assessment where evidence stands alone. It also referred to Phogole v S (370/2023) [2025] ZASCA 54 (9 May 2025) and ICM v S [2022] ZASCA 108, drawing attention to credibility (honesty) and reliability (cognitive ability) in child testimony, evaluated in the context of the totality of the evidence and the circumstances in which the child testified.


The court adopted a holistic approach to the evidence, citing S v Kubeka 1982 (1) SA 534 (WLD) for the proposition that evidence should not be considered piecemeal but weighed together. It assessed the State’s case and the defence case cumulatively, asking at the end whether guilt had been established beyond reasonable doubt.


In applying these principles, the court found that K[... ] was an intelligent young witness with sufficient capacity to observe and recollect. A specific feature relied upon was her description of Coca-Cola tins in the accused’s bedroom, which the accused confirmed existed, supporting the conclusion that she had been inside the bedroom, contrary to the defence’s denial of the alleged events. The court further found that K[... ]’s evidence did not stand alone, as it was corroborated on material aspects by M[... ] and by medical evidence.


Regarding the train station incident, the defence argued that differences between witnesses’ accounts (for example, where various children were positioned on stairways) indicated fabrication. The court, relying on S v Mkohle (639/88) [1989] ZASCA 98 (7 September 1989), reasoned that not every contradiction affects credibility; contradictions must be assessed in context and materiality. It concluded that the discrepancies were insignificant, consistent with honest but imperfect recollection, and did not undermine the core narrative. The court considered the witnesses’ evidence consistent on core features, including the accused’s conduct, the circumstances in which the incidents occurred, and the alleged giving of R20 after sexual acts.


The court treated evidence about reporting as supporting consistency, expressly finding that a report to Paseka was admissible as a first report supporting consistency, and it assessed Paseka and Mpho as neutral witnesses with no demonstrated motive to falsely implicate the accused. The court rejected the accused’s contention that Paseka influenced or coached the children and other witnesses, reasoning that the level of detail and consistency across multiple witnesses made the alleged conspiracy improbable.


In relation to N[... ]’s delayed reporting and her return to the salon after an earlier alleged rape, the defence contended that this supported an inference of fabrication and external influence. The court rejected that inference and relied on section 59 of the Sexual Offences Act as referenced in the judgment, holding that no inference may be drawn from delay between commission and reporting of rape. It treated delay as not decisive for credibility in the adjudication of N[... ]’s evidence.


The court was critical of the accused’s evidence, describing it as lacking clarity and precision and containing improbabilities and inconsistencies. It specifically noted that the accused initially (through his representative) denied giving the children money but later, while testifying, admitted giving them money (said to be for recycling purposes), treating that change as a material contradiction. The court also found aspects of the accused’s version improbable, including his account related to N[... ] accompanying him to Kanana and alleged misrepresentations made to his partner about N[... ]’s identity and circumstances, which the court viewed as raising questions about his credibility.


Having assessed demeanour and the overall impression made by witnesses, the court concluded that the State witnesses testified frankly and honestly, that no credible motive for false implication was established, and that the cumulative evidence formed a coherent network establishing guilt beyond reasonable doubt.


5. Outcome and Relief


The court found the accused guilty as charged on all three counts.


The verdicts were recorded as follows: Count 1 (Rape): Guilty as charged. Count 2 (Rape): Guilty as charged. Count 3 (Rape): Guilty as charged. The judgment provided in the text did not include a sentence or an order as to costs.


Cases Cited


S v Van der Meyden 1999 (1) SACR 447 (W).


S v Ntsele 1998 (2) SACR 178 (SCA).


Rex v Mokoena 1932 OPD 79.


Rex v Mokoena 1956 (3) SA 81 (A).


S v Saul 1981 (3) SA 172 (A).


Woji v Santam Insurance Company Ltd 1981 (1) SA 1020 (A).


Phogole v S (370/2023) [2025] ZASCA 54 (9 May 2025).


ICM v S [2022] ZASCA 108.


S v Kubeka 1982 (1) SA 534 (WLD).


S v Mkohle (639/88) [1989] ZASCA 98 (7 September 1989).


Legislation Cited


Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (including section 3 and section 59, as well as sections 1, 56(1), 57, 58, 60, and 61 as referenced in the charge formulation).


Criminal Procedure Act 51 of 1977 (including sections 115, 153(3), 158(2), 170A, 208, and sections 92(2), 94, 256, and 261 as referenced).


Criminal Law Amendment Act 105 of 1997 (section 51(1), as referenced regarding prescribed sentences).


Rules of Court Cited


No rules of court were cited in the text of the judgment.


Held


The court held that the State proved beyond reasonable doubt that the accused raped each complainant as charged on Counts 1 to 3. It accepted the evidence of the child complainants and supporting witnesses as credible and reliable, found corroboration on material aspects (including where the court considered it present through other witnesses and medical evidence), and treated identified inconsistencies as immaterial.


The court further held that the accused’s version, including the claim that witnesses were influenced by Paseka to fabricate allegations, was not reasonably possibly true. It regarded the accused’s evidence as materially inconsistent and improbable, and it found no evidential basis for the alleged conspiracy.


LEGAL PRINCIPLES


The judgment applied the principle that criminal conviction requires proof of guilt beyond reasonable doubt, and acquittal follows if there is a reasonable possibility that the accused may be innocent, assessed on the totality of the evidence.


It applied the approach that a court may convict on the evidence of a single witness under section 208 of the Criminal Procedure Act 51 of 1977, but such evidence must be clear and satisfactory in all material respects, and must be evaluated with appropriate caution that does not displace common sense.


It applied principles governing child witnesses, emphasising that the court must be satisfied that a child’s evidence is trustworthy, considering observation, recollection, and narration, and assessing credibility and reliability in light of the totality of the evidence and the circumstances of testimony.


It applied the approach that contradictions do not automatically render evidence unreliable; the court must consider whether deviations are material and must evaluate contradictions within the full body of evidence rather than in isolation.


It applied the statutory principle (as referenced) that, in sexual offence matters, no adverse inference should be drawn merely from delay in reporting rape, with reference to section 59 of the Sexual Offences Act as cited in the judgment.

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy

IN THE HIGH CO URT OF SOUT H AF RI CA
GAUT ENG DI VISIO N, PRETORI A
CASE NO : CC10/2025
DAT E: 03 -08-2026




In t he matt er between
THE STATE
and
MOHOLO VOILE TENTSI Accused


J U D G M E N T

MAT L APE NG , AJ: [ 1] Mr Mohol o Voile Tent si [ spelt ] is a
49 -ye ar -ol d So ut h Af rican mal e. He is c har ge d wit h t h e
f ollow ing of f enses : [ 1] C ont rave nt ion of sect io n 3 rea d wit h
sect ions 1, 56 (1) , 57, 58, 59, 60, and 61 of Act 32 of 2007 ,
also re ad w it h sect io ns 92 ( 2), 94, 256, an d 2 61 of t he
Crimi nal Pr oce dur e Act 51 of 1 9 77, an d sect i ons 5 1 (1) of
Act 105 of 199 7. [ 2] I t is also cont rave nt ion of sect io n 3

DELETE WHI CHEVER I S NOT APPLICABLE
(1) REPO RTABLE : YES / NO
(2) OF I NTEREST TO OTHER JUDGES : YES / NO
(3) REVISED

......................................... ...........
SIGNATURE
DATE: .............................

read wit h s ect ion 1 , 56 ( 1), 57 , 58 , 59 , 6 0 a nd 61 of Act 32
of 200 7 al so re ad wit h s ect ion 92 (2), 94 , 25 6 a nd 26 1 of t he
Cr imi nal Pro ced ure Act 51 of 197 7 an d sect io n 51 (1) of Act
105 of 19 97 , r ap e. [ 3] I s also of cont r ave nt io n sect ion 3 ,
read wit h sect io n 1, 56 (1) , 57, 58, 59, 60, an d 61 of 32 of
200 7 also rea d wit h sect ion 92 ( 2), 94 , 256 and 26 1 of t he
Crimi nal Pro ced ure Act 51 of 19 9 7 an d sect io n 51 (1) of Act
105 of 19 97 .
Co unt 1: Rape, i n t hat on or about t he period Jun e
202 4 , at or near Sebo ke ng in t he dist rict of Emf uleni , t he
accus ed it unlawf ull y and int ent io nal ly commit an act of
sexu al p en et rat ion wit h M[ . . . ] K[. .. ] T [. . .], a 13 -year -ol d
f emale wit ho ut her cons ent .
Co unt 2: I n t hat upo n or a bo ut t he peri od 202 3 t o
F ebru ary 202 4 , at or near Seb oke ng in t he dist rict of
Emf ule ni , t he accus ed di d unl awf u lly an d int ent i on ally
commit an act of sexual penet rat io n wit h N[ . . .] N[ . .. ], a 15 -
year -ol d f emal e w it h out her co nse nt .
Co unt 3: I n t hat o n he r a bo ut Jun e 2 02 4 at Se bok en g
in t he dist rict of Emf uleni , t he accuse d did unla wf ully an d
int ent io nall y com mit an act of sexu al p en et rat ion wit h B[ . . . ]
P[ . .. ], a 10 -year -ol d f emal e wit h out her co nse nt .
[ 2] H e is represe nt ed by Adv Sim pso n f rom Leg al Aid
Sout h Af rica. He ple ad ed n ot guilt y t o all t he charg es
pref erre d ag ain st him. Adv Simps on i nf orm ed t he Co urt t hat

t he accuse d ’s plea of not guilt y is in accordanc e wit h her
inst ruct ions, an d t hat t he accu s ed’s pl ea ex pla nat io n in
t erms of sect ion 115 of t he Crimin al Proce dur e Act 51 of
197 7, herei n af t er t he CPA, is t hat of a bare denial. He
den ies h avin g co mmit t ed t he of f ens es pref erre d a gai nst him
and p ut t he St at e t o t he proof t hereof . Accused conf irme d
wh at was sai d by Adv Simp son o n his b eh alf .
[ 3] T he court explaine d t he comp et ent verdict s t o t he
accus ed. I t also a ppris ed him of t he provi sio ns of sect io n
51 (1) of t he Crimin al La w Am en dm ent Act , 105 of 1977, t hat
t he prescri be d sent e nce is lif e impris on me nt , if convict ed of
t he of f enses lev elle d a gai nst him. Unl ess he c an sat isf y t he
Co urt t hat t here are subst a nt ial a nd co mp ellin g
circumst a nces, ent it lin g t he Court t o impos e a lesser
sent e nce.
[ 4] T he St at e applie d t hat t he proce edi ngs b e hel d in
camer a in t erms of sect ion 153 (3) of t he CPA, regardin g
here t o t he f act t hat t he accuse d is allege d t o have
commit t e d of f enses of a sexu al n at ure. Adv Rac ho f or t he
St at e also ap pli ed t h at t he vict ims s ho uld t est if y wit h t h e
assist anc e of an int er me diary a nd by m ea ns of a close d
circuit t elevisi on p ursu ant t o sect io n 15 8 (2) , an d 1 70 (A) of
t he CPA. Adv Simp so n f or t he def en ce did n ot opp ose t he
app licat io ns by t h e St at e. T he C ourt ord ere d t hat t he
proce ed ing s be h eld in c amer a, and t h at t he vict ims shoul d

give t heir evi de nce t hrou gh t he assist a nce of an
int erme diary i n t erms of sect ion 17 0 (A) of t he CPA.
[ 5] May I int erpose t o st at e t hat I am not going t o
dea l wit h t he evid enc e of t he st at e wit n esses i n t he or der
t hey test if ied f or I do not t hi nk t hat such an appro ach w ill
be a lo gical o ne.
[ 6] K[. . .] T [. .. ] t est if ied . H er birt h cert if icat e w as
han de d in as EXHI BI T A. She was born on 21 June 2 011. I t
is t his wit n ess t est imo ny t hat s he k no ws t he accus ed , t hat
t he lat t er is havin g a Salo n op pos it e her p arent a l hom e
sit uat ed at Z one 11 Se bok en g a nd t h at t he acc use d lik es t o
be in t h e co mpa ny of chi ldre n. I t is K[. . .] ' s eviden ce t hat
one d ay t he accuse d aske d t hem t o accomp any hi m t o his
plac e. I t is K[. .. ] ' s evidenc e f urt her t h at she w as wit h M[ . . . ]
and B[ . . . ] when t hey went t o t he accused pl ace of abod e
sit uat ed at Ka na na, an d t hat she di d not kn ow t he a ccus ed ’s
plac e bef or e t his part icu lar d ay. She t est if ied f urt her t hat
upo n t he ir arrival at t he accused pl ace , t he lat t er sent M[. .. ]
and B[ . . .] t o go and f et ch wat er a dist ance f rom t he
accus ed' s reside nt ial plac e, and t hat af t er t hey had lef t ,
accus ed h ad se xu al int erco urse wit h her wit ho ut her
cons ent , and t hat it occurred in t he accuse d' s bedro om. I t
is t his wit n ess evi de nce f urt h er t hat w he n M[ . . . ] and B[ . .. ]
ret urne d, accuse d sent K[ . .. ] and M[ . . .] t o go and f et ch
wat er an d he re mai ne d wit h B[ . . .]. I t is K[. .. ] ’s evidenc e

t hat she doe s not k no w w hat h ap pe ne d t o B[ . . .]. K[. .. ]
t est if ied f urt her t hat whe n she arri ved wit h M[ . . . ], accused
said t his wit ness must no w g o wit h B[ . . .] and she re mai ne d
beh in d wit h M[ . . .]. T hey di d as r equ est e d. T he wit n ess
we nt t o f et ch wat er wit h B[ .. .] . T hey ret urned t o t he
accus ed ’s ho use a nd t he a ccus ed t ook t he m ho me.
[ 6] K[ .. . ]' s evidenc e is f urt her t h at som e d ays af t er
t his incid ent , she was passi ng t h e acc use d ’s ho me i n t he
comp any of B[ . .. ] and ot her peo ple. T he accuse d calle d
t hem and sai d t hey must accomp any hi m to go and f et c h
spin ach at Z on e 11 pl ot s. T hey went wit h hi m. T hey did not
get spinac h. Accuse d said t hey must go wit h him t o
Kwa gg ast roo m t rain st at ion, whic h was n o mor e in use,
wh ere he doe s his t raini ng or ex ercises. T he t rain st at ion in
que st ion is d epict e d in a p hot o a lbu m w hich was ha n de d in
as an exh ibit a nd m arke d EX HI BI T B. It is K[ .. .] ’s evidenc e
t hat whilst t hey wer e t here, accus ed sa id t hey sh oul d go t o
t he t op of t he st at ion. T hat whilst at t he t op of t he st at ion,
accus ed u ndr esse d her , he al so lo wer ed h is t rouser. He
t hen insert e d his pen is int o her vagin a f rom behi nd an d
ma d e back a nd f ort h mov eme nt s. O nce he was f inis hed h e
t old her to k ee p qu iet , and t h ere af t er t hey lef t f or hom e. He
gav e ea ch of t hem a R 20 not e. T hat is M[ . . . ], K[ .. .] and
B[ . .. ].
[ 7] K[ . .. ] t est if ied f urt her t hat on anot her d ay , she w as

passi ng t he acc use d ’s ho me. Accuse d ha d sexu al
int erco urse wit h her . I t is t his wit ness versio n t hat on t his
part icul ar day sh e do es not rem em ber in w hos e com pa ny
she w as . E vid enc e of t his wit nes s on t his i ncid ent is
sket chy. I am not going t o det ai n myse lf much o n it .
[ 8] I t is it K[. .. ] ’s evidence t hat t he accused use d t o
sen d one bo y by t he name of B[ . .. ] t o come and cal l her,
and t h at t he f ormer a dvise d h er t o report t he inc id ent s. She
t est if ied t hat she ult imat ely rep ort ed t o Mp ho , and t he lat t er
report e d t o Pasek a[ ?] . It is K[ .. . ]’s evidenc e t hat on t he
f irst occasion w he n , she w as w it h M[ . . .] and B[ . .. ] at t he
accus ed ’s pl ace, t hey c ook ed an d at e ch ips. Sh e t est if ied
f urt her t hat she d id t ell B[ . . . ] t hat accus ed h ad s exu al
int erco urse wit h her. She was asked duri ng cross -
exam in at ion by A dv Simps on f or t he def en c e why she w ent
wit h t he acc use d t o go an d look f or sp in ach. Her re ply w as
t hat she did not t hink t hat t he accuse d wo ul d rap e her
aga in. I t was put t o K[ . . .] by advoc at e Sim ps on t hat
accus ed ’s versi on is t hat B[ . . . ] is her boyf rie nd a nd t hat
accus ed onc e sa w t he m ha vin g sex ual i nt erco urse. Sh e
disp ut ed t his.
[ 10] B[ .. .] P[ .. .] also t est if ied t hroug h t he as sist anc e
of an int erme diar y . She was bor n on 12 April 2 01 4. It is
her ev ide nc e t hat she w as at t he accus ed ’s p lac e of ab od e
sit uat ed at Kana na, t hat she was in t he comp any of K[ . .. ]

and M[ . . . ], and t hat whilst t here t he accus ed cal le d K[ . .. ]
int o t he be dro om. She doe s not kno w w hat h ap pen ed i nsid e
t he bedr oom. She t est if ied f urt her t hat some t ime
t hereaf t er K[ . . .] came out and sai d to her t hat t he accuse d
was c alli ng h er . S he w ent int o t h e b ed ro om. T he acc use d
undr esse d her. He also undr esse d and put his penis in her
vagi na. Sh e was on a b ed at t he t ime wh en t h e acc use d
pen et rat ed h er vagin a. It is her evidenc e t hat she was
f eelin g pa ins w he n t he acc use d ins ert ed h is pe nis in her
vagi na. I t is her t est imony f urt her t hat t her eaf t er t he
accus e d pour ed t h em a C oke and t h ey l ef t f or t heir
respect iv e ho mes. Sh e t est if ied f urt her t hat t hey h ad g on e
t o f et ch a swimmin g po ol at t he accus ed pl ace of a bod e.
[ 11] C[ . .. ] M[. .. ] also test if ied . I t is her evidenc e t hat
B[ . .. ] P[ . .. ] is her gran dd au ght er a nd t h at she w as st ayin g
wit h h er at Lak esi de si nce J an uary 2 02 4. Miss M[ . . . ]
t est if ied t hat on 20 O ct ober 20 24, B[ . . .]' s mot her calle d her
and af t er t he t eleph oni c discus sio n. She call ed B[ . . . ] int o
t he be dro om an d w hilst insi de t h e b edr oom s he ask ed B[ . . . ]
if t he accuse d rape d her , t o which B[ . .. ] nodde d wit h her
hea d an d st art ed cryin g. T hat conclude d her evi de nce.
[ 12] M[ .. . ] M[ .. .] also t est if ied t hroug h t he as sist anc e
of an int ermedi ary. I t is her evidence t hat she used t o cut
her ha ir at t he accuse d' s Salo n. She t est if ied ab out t he
incid ent t hat occurr ed at Kw ag gast ro om t rain st at io n. I t is

evid enc e t hat she w as wit h B ohl ale a nd K[ . . . ], as well as t he
accus ed. T hat t he accus ed we nt t o an up per p art of t he
st at ion wit h K[ . . .]. T he wit ness rem ai ne d on t he st airs wit h
Bohl ale . I t is M[ .. .] ' s t est imony t hat she sa w t he acc use d
undr ess K[ . . . ] and ha d sexu al int erc ours e wit h h er.
T here af t er, he gave t hem R2 0 each. F rom t here, t hey
proce ed ed h om e. I t is M[. . .] ’s t est imony t hat somet im e
t hereaf t er, accus ed sa id t hey s ho uld go an d f et ch a
swim min g po ol at t his resident i al plac e at Kana na , t hat she
was wit h K[ . . .] and B[ .. .] , as well as Karab o. W hilst t here,
t he accuse d sent Karab o t o go and buy a Cok e . T he
accu s ed req uest e d K[ . .. ] and B[ . .. ] t o ent er int o t he
bat hro om. T he w it ness r ema in ed i n t he kit ch en. I t is t his
wit ness e vid enc e t hat whil e she was in t he sit t ing ro om, t he
bedr oo m d oor w as a jar a nd he s aw t h e acc use d h av in g
sexu al int erc ours e wit h K[ . . .] and B[ . . . ]. It is t his wit ness
evid enc e t hat t hereaf t er accuse d gav e each of t hem R20
and he also po ure d t he m C oke. T hey t he n t ook t h e
swim min g po ol an d ret urn ed t o Z on e 11. Adv Simps on f or
t he def en c e ask ed t he wit nes s why do es she say t hat
accus ed a nd K[ . . . ] had sexual i nt erco urse . S he re pli ed t hat
she sa w t hem hav e sexu al int erco urse. It was put t o t he
wit ness t hat Pas eka inf lu enc ed t he m t o lay f alse charg es
aga inst t he accus ed. She rep lie d in t he ne gat ive. I n
respo nse t o a quest i on by t he Co urt this wit ness replie d

t hat she is doing Grad e 11 an d t hat t hey are t aught about
sexu al int erco urse at sch ool.
[ 14] B[. .. ] N[ . .. ] also t est if ied. He was also assist e d
by an int erm ed iary. B[ . .. ]' s evidence is t hat one F rid ay in
O ct ober, Pasek a aske d hi m to acco mpa ny hi m t o go a nd b uy
a bun ny chow , and t hat on t heir way, Pasek a aske d him if
he d oes silly t hi ngs wit h K[ . . .]. He deni ed it and s aid t hat
t he perso n who d oes silly t hing s wit h B[ . .. ] is t he accused.
T his wit n ess t he n rel at ed t o Pa sek a an i nci dent t hat
occurre d at Kwag ga st room t rain st at ion w he n he w as wit h
K[ . .. ] and M[ . .. ], and t he accused . B[ .. .] corrobor at ed t he
evid enc e of K[. . .] and M[ . . .] in all mat erial respect . B[. .. ]
t est if ied f urt her t hat t he f oll owin g day af t er t he incident at
Kwa gg ast roo m t rain st at ion, t he accused call ed him an d
requ est ed hi m t o call K[. .. ] becaus e he want e d t o do silly
t hings wit h h er. T he wit ness co mm unic at ed t h e me ssa ge t o
K[ . .. ] and t he lat t er said t hat t he accu se d is mad.
[ 15] Paseka Mal ok a, here in af t er Paseka als o
t est if ied. His evide nce is bri ef ly t o t he ef f ect f ollowi ng. He
resid es at Z one 11 at Seb oke ng . He kn ow s t he accus ed f or
abo ut 26 years. He is in go od t imes wit h t he ac cus ed. T he
accus ed is oper at ing a Salo n whic h is sit uat ed at his
pare nt al h om e. Pasek a is h avin g a car was h in t h e yard.
O ne M ph o is a s ho pke ep er, in t he sa me prem ises. I t is
Pasek a' s evid enc e t hat one d ay he sa w chi ldre n pl ayin g in

his yard a nd a s t hey wer e pl ayin g he s aw B[ . . . ] at t empt ing
t o kiss K[ . .. ], but t hat t he lat t er was ref usi ng t o be kiss ed.
Not lon g t her eaf t er, he met B[ . . .] at a corner. He was on his
way t o t he sho p. Pas eka req uest e d B[ . .. ] t o accompa ny
him. O n t heir way he aske d B[ . .. ] if he is doing s illy things
wit h K[ . . .] t o which B[ . . .] replied t hat he is not , but t hat t he
perso n wh o is doing silly t hin gs wit h K[ . .. ] is t he accused.
He t hen rel at ed t he inci de nt t hat occurred bet we en t he
accus ed a nd K[ . . .] at Kwag gast ro om . It is Paseka' s
evid enc e t hat he t hen appr oac he d t he parent s of t he vict ims
af t er t his report he got f rom B[ . .. ].
[ 16] Mpho Ra biri , herei naf t er Mp ho als o gav e
evid enc e. Her v ersio n is t h at s he is a sh opk ee per. T he
sho p is sit uat ed in Paseka ' s premis es. I t is Mp ho ' s
t est imony t hat in O ct ober 20 24 K[ . . . ] came t o t he shop in
t he com pa ny of t w o ot h er chil dre n, K[ . . .] inf ormed h er t hat
t he accu sed i s doi ng si lly t hin gs wit h t hem. W h en sh e
inq uire d wh at she me ant by silly t hi ngs, she st art e d crying.
I t is Mpho’s evid enc e t hat not lon g af t er K[ . .. ] had lef t ,
Pasek a arrived a nd she rel at ed t o him what K[ . .. ] had just
said t o her. Paseka also t old her w hat B[ . .. ] had bee n
sayin g t o hi m ab out a n inci de nt t hat occurr ed at
Kwa gg ast roo m t rain st at ion .
[ 17] Morena M al af a ne al so g ave evi de nce. His
evid enc e is brief ly t hat on t he day t he accused w as

appr eh en de d a nd a ssa ult ed by me mb ers of t he c omm un it y ,
the childr en m ent io ne d t hat N[ . . .] was also ra pe d by t he
accus ed. T he wit ness and Wa nlef u we nt t o N[. .. ] ’s place.
T hey ret urn ed wit h h er a nd t hey aske d N[ . . . ] if t he childre n
are t ellin g t he t rut h and N[ . . . ] t hen st art ed crying. T hat
concl ud ed M oren a Mal af an e' s t est imony. N[ . . .] N[ .. .] also
gav e evid enc e t hro ug h t he assist a nce of an int er me d iary.
She wa s born on 24 Ja nu ary 200 9. She t est if ied t hat she
re sid ed Se bok en g an d t hat she kno ws t he acc use d. T he
lat t er owns a salo n at Z one 11 a nd sh e usu ally cut her hair
at t he salon. It is her evidenc e t hat t he accuse d rape d her
t wice. T hat on t he f irst inst ance wh en sh e w as at t he sal on,
accus ed cl ose d t he s alo n d oor, undr esse d h er. He als o
undr esse d. He t he n p ut his pe nis in her va gi na. I t is her
t est imony t hat she was ble ed in g and t hat af t er t he rape
orde al, accus ed sai d t o her t hat she mus t not report t o
any bod y and t hat if she can disclos e t his, he is going t o t ell
t he peo ple t hat he is having a love relat io nshi p wit h her.
She t est if ied f urt her t hat she t hen proce ed ed ho me an d
locke d h erself in t h e b edro om. T hat she did not re port t he
incid ent bec aus e she was af rai d t hat t he f at her is going t o
give h er a hidi ng.
[ 19] I t is N[ .. .] ' s version t hat som et ime t h ereaf t er sh e
was pa ssin g t he accuse d ’s Salo n, t he lat t er called her
insid e t he Sal on he u ndr esse d t he wit n ess, t he accuse d

also u n dress ed , put his penis in her priv at e pa rt and mad e
up an d do wn mov em ent s. I t is her version t hat she was
also b le edi ng o n t his oc casi on. Sh e t est if ied f urt her t hat
t he accuse d repe at ed t he w or ds t hat she must not report
t he inci de nt and if sh e ca n t ell a nyb ody, h e is go in g t o say
t hat t hey are havi ng an i nt imat e r elat io nsh ip, a nd as a
result , she did not report t he incide nt and she als o did not
cons ent t o t he int er cours e on b ot h t hese in st anc es .
[ 20] I t i s her evid enc e t hat t h e acc use d o nce aske d
her t o accom pa ny her t o his home b eca use his chi ldre n
wa nt ed t o se e h er. It is her t est imony t h at she di d
acco mpa ny t he acc use d t o his place of ab od e, and w he n
t hey arrive d, t he accus ed i nf orme d his wif e t hat N[ . . .]' s
pare nt s are i nvol ve d in a n ac cid ent a nd t hat sh e sh ou ld b e
acco mmo dat e d f or t he night . T his wit ness do es not
reme mb er t he dat es of t he inci dent s.
[ 21] It is N[ .. .]' s evidence f urt her t hat one day whilst
at home Pas eka an d W ond er arrived lo okin g f or her f at her,
wh o was n ot home at t he t ime . T hey t ook her alo ng an d
wh en t hey reac he d a cert ain plac e t hey asked t he wit n ess if
she wa s also rap ed by t he accus ed. She repli ed in t he
af f irmat ive. T he police arrive d and t he accus ed w as
arrest ed.
[ 22] Samkelisi we Mm bid i [ spelt ] also t est if ied. S he
is a prof ess ion al n urse at Kop an on g T hut huz ela He alt hc are

Ce nt re . She has been a nurs e since 201 0. I t is her
evid enc e t hat she w as on d ut y on 20 O ct ob er 24 a nd t hat
she exam in ed M[ . . . ] K[ .. .] T[ .. .] and t hat sh e co mpl et ed a
medi cal f orm J88 w hic h was han de d in as an exhibit and
marke d EX HI BI T D. I int erpose t o st at e t hat K[ . . . ] and M[ . .. ]
will b e us ed i nt erch an ge abl y. I t is Ms Mmbidi ' s t est imo ny
t hat her co nclu sio n af t er exa min in g K[ . . .], injuries n ot ed o n
gyn aec olo gical exa min at io n, are cl ef t s whic h are old t e ars
at t hree a nd 10 o' clock, w hich are c ons ist ent w it h g enit ali a
pen et rat ion. T hat conclu de d her evi de nce.
[ 23] Ge zina Joha nn a Lat e ga n. Herei naf t er Lat eg an,
also gav e evi de nce, s he is a re gist ere d n urse at Ko pan on g
He alt hca r e Ce nt re. I t is her t est imony t hat she was on dut y
on 20 O ct ob er 202 4, and t hat on t his part icular da y she
exam in ed N[ . . . ] N[. . .] , t he vict im in cou nt 2. She com plet e d
form J88, w hich was h an de d in b y a co nse nt and m arke d
EXHI BI T E . She not iced a cl ef t which is c onsist e nt wit h
prior pe net rat io n, and t hat co nclu de d her t est imo ny.
[ 24] Lat egan als o exami ne d B[ . .. ] P[. .. ] , t he vict im in
cou nt 3 . I t is her evide nce t hat o n ex ami nat io n t her e w ere
no in juri es, but t he a bse nce of injuri es d oes not excl ud e
pen et rat ion b eyo nd t he l abi a maj ora .
[ 25] Paska Kh oza also t est if ie d h e is a
serge ant in t h e Sout h Af rica n po lice s ervices. I t is his
evid enc e t hat h e rec eive d a r ep ort , as a resu lt of whic h h e

proce ed ed t o a p lac e at Z one 11 wher e h e f oun d t he
accus ed an d he place d him un der arrest and t hereaf t er he
t ook him f or med ical t reat m ent bec aus e he w as inj ure d.
[ 26] T he St at e case w as t he n clos ed. T he acc use d
t est if ied and ca lle d his lif e part ner as a w it ness. He
t est if ied t hat he kn ows t h e t hree vi ct ims i n t his cas e. He
also kn ow s B[ . . .], Paseka, an d Mp ho . He d eni es t he
alle gat io ns a gai nst hi m. I t is his evid en ce t h at Pasek a
inf lue nce d t he vict ims t o lay f alse ch arge s ag ainst him.
Miriam T hul o also t est if ied . S he has childr en wit h t he
accus ed. H er evid en ce di d n ot t ake t he d ef en ce ca se a ny
f urt her.
[ 27] Eugene N deb el e was call ed in a t rial -wit hi n -a-
t rial t o det ermin e if Miriam T hulo h ad i nd ee d mad e a
st at ement t o t he p olic e an d t hat he si gn ed it t o conf irm t hat
it was corr ect ly recor de d b ec aus e t he St at e w ant ed t o use it
t o cross -exam ine t he w it ness. He t est if ied t hat indee d
Miriam T hu lo m ade a st at eme nt in Sesot h o lan gu ag e an d
t hat she re duc ed it t o writ i ng i n En glis h. T hereaf t er h e rea d
it back t o her a nd t he l at t er was sat isf ie d t hat it was
correct ly record ed. She t hen appe nd ed her sig nat ure o n it .
Af t er t he St at e case in t rial - wit hin - a-t rial w as clos ed, t he
def en ce clos ed it s case wit ho ut callin g a wit ness. T he
Co urt ruled t hat t he st at ement was prop erly obt ain ed an d
read b ack t o t he wit n ess an d t hat t hereaf t er she app en de d a

sign at ure, t o conf irm t he correct ness of t he cont e nt s, and
t hat t he st at e was ent it led t o cross -ex ami ne t he wit ness.
[ 29] Adv Racho t h ereaf t er ap pli ed f or convi ct ion of
t he accus ed as ch arg ed.
[ 30] Adv Simpson a pp lie d f or t he dischar ge of t he
accus ed, on t he groun ds princip ally t hat t he St at e did not
succe ed t o prov e it s case bey on d a reas on abl e do ubt
aga inst t he accus ed.
T he C ourt must n ow eval uat e t h e evid en ce t o
det ermi ne if t he guilt of t he accuse d has bee n prove d
bey ond a reas on abl e do ubt . T he onus of proof in a criminal
case is di sch arge d by t h e St at e if t he evid enc e est a blish es
t he gu ilt of t he ac cus ed bey ond a re aso na ble do ubt . T he
t est was art icul at ed i n t he cas e of S v Van der M eyd en 1 99 9
(1) SAC R 44 7 (W ) at 449, wher e it was st at ed :
“T he prop er t est is t hat t he accused is
bou nd t o be convict ed If t he eviden ce
est ablis hes his g uilt beyo nd a reas on ab le
dou bt , and t he l ogic al cor oll ary is t hat he
must be acquit t ed if it is reasona bly
possi ble t hat he mi ght be i nn oce nt . ”
See als o S v Nt sele 199 8(2) SAC R 17 8(SC A) . I t has been
poi nt ed out in many jud gm ent s of t he Supreme C ourt of
App eal an d ot her high co urt s that t he t est is whet her t here
is a reason abl e possi bilit y t hat t he accused' s evid enc e may

be t rue, and if t hat is t he case, he shoul d be giv en t he
ben ef it of t he doubt an d be ac quit t ed.
[ 32] T he f ollowin g are c omm on c aus e: T hat t he
accus ed a nd t h e t hree vict im s , t o wit K[ . .. ], N[ .. .] and B[ . . .],
kno w each ot her we ll. T hat t he ac cused has a salo n at
Z one 11 , Se bok eng , a nd t hat t he vict ims als o resi des at
Z one 11. T hat t he vict ims used t o cut t heir hairs at t he
accus ed' s sal on. T hat t he acc use d a nd t he st at e wit n esses ,
t o wit B[ . . .], Mp ho a nd P asek a k no w e ach ot her well. T hat
t he accus ed ’s salo n is sit uat ed at Pasek a' s reside nt ial
plac e. T hat t he accused ’s resid ent ial pl ace is sit uat e d at
Kan an a whic h is f ar f rom wher e t he salon is sit uat ed. T hat
t he accus ed , at on e st ag e , own ed a port a ble i nf lat abl e
swim min g po ol.
[ 33] Point s in disp ut e : Accuse d de nie s hav in g ha d
sexu al int erco urse w it h t he t hree vict ims in t his mat t er.
[ 34] T he court is deali ng wit h evid enc e of childr en.
K[ . .. ] was 13 years of age wh en t he incide nt occurred ,
N[ . . .], 15 , and B[ . .. ] was 10 years of age. Accordin g t o
N[ . . .], she was alon e wit h t he accus ed wh en t he t wo
incid ent s occ urred i nsid e t he accu sed' s sal on. She is a
singl e wit ness. T he court must approa ch her evid enc e wit h
circums pect io n .
[ 35] I n t erms of sect ion 208 of t he Cr imin al
Proce dur e Act , it is compet ent f or a court t o convict o n t he

evid enc e of a singl e wit n ess, how ever, t he evid enc e must
be cle ar an d sat isf act ory in all mat eri al resp ect . See Rex v
Moko en a 19 32 O P D 79 at 8 0 a nd R ex v Moko en a 19 56 (3)
SA 81 (AA) at 85 .
[ 36] I n t he case of S v Saul 1 981 (3) SA 1 72 (A) , at
180 (e) t o (g) , it was held t hat :
“T here is no rule of t humb or f ormul a t o
app ly wh en it comes t o consid erat io n of
t he sing le w it ness. T he t rial jud ge will
wei gh t he e vid enc e, will co nsid er it s
mer it s and d em erit s, and havi ng d one so ,
will deci de w het h er it is t rust wort hy and
wh et her, desp it e t he f act t hat t here are
short com in gs or d ef ect s, or
cont rad ict ions in t he t est imony, he is
sat isf ied t hat t he t rut h has been t old.
T he caut ion ary rule ref erred t o by De
Villiers JP in 1932 may be a gui de t o a
right decisio n, but it does not mean t hat
t he ap pea l must succe ed if any crit icism,
ho wev er slen der , o f t he wit ness es'
evid enc e were we ll f ound ed . I t has been
said mor e t han onc e t hat t he exercise of
caut io n must not be al lo we d t o displa ce
t he exercis e of comm on se nse. ”

[ 37] I n t he case of W oji v Sant am I nsura nce Com pa ny
(Lt d) 198 1 (1) SA , 1 020 (A), a t pa ge 1 02 8, t he Su prem e
Co urt of Appeal st at ed t h at t o ensure t hat t he evi de nce of a
child c an be rel ie d up on, a c ourt must b e sat isf ie d t hat t he
evid enc e is t rust wort h y. T he court not e d f act ors w hic h must
be t ake n i nt o acc ou nt in or der t o d et ermi ne if t he evid enc e
is t rust wort hy, and it was h eld as f oll ows. :
“T rust wort hi ness d ep en ds on f act ors su ch
as t he child' s po wer of observ at ion, his
po wer of recollect io n, and his pow er of
narrat io n on t he specif ic mat t er t o be
t est if ied. I n each inst ance, t he capacit y
of t he part icular child has t o be
invest ig at ed. His ca pacit y of obs ervat i on
will de pe nd o n wh et her he a pp ears
int elli gent e no ug h t o obs erve . W h et her
he has t he capac it y of recollect io n will
dep en d ag ai n on w het h er he h as
suf f icient years of di scret io n t o rem em ber
wh at occurs. W hil e t he ca pac it y t o
und erst an d t he quest io n put , and t o
f rame and ex press int elli ge nt answers ,
there are f act ors as we ll whi ch t he co urt
will t ake i nt o acc ou nt in asse ssin g t he
child t rust w ort hin ess i n t he wit ness box.

Do es he a pp ear t o be h on est ? I s t here a
consci ous ness of t he d ut y t o spe ak t he
t rut h? T hen also, t he nat ure of t he
evid enc e given by t he child may be of a
simpl e kind a nd ma y relat e t o a subject
mat t er clearly wit hin t he f ield of it s
und erst an din g an d int erest , and t he
circumst a nces ma y be such as pract ic ally
t o exclud e t he risk arisi ng f rom
sug gest ibi lit y. At t he same t ime, t he
dan ger of beli evin g a ch ild wh ere
evid enc e st ands alo ne m ust not be
und errat e d. ”
See als o Ph og ole v S 37 0/202 3, Z ASCA 54, ju dgm ent
deliv ere d on 9 M ay 20 25.
[ 38] W it h regard t o t he comp lai na nt ' s age, t he
Supr eme Court of Appe al hel d as f ollo ws in t he case of I CM
v S, 2022 (Z ASCA ) 1 08:
“T he co urt , consid erin g t he evid enc e of a
child , must be sat isf ied t hat t he child is
credi ble, and a relia ble wit n ess. T he
credi bilit y abil it y relat es t o ho nest y a nd
relia bilit y t o t he child' s cognit iv e abilit y
or brain d ev elo pme nt . T he cognit ive
abilit y is asses se d havi ng re gard t o

f act ors such as abilit y t o e nco de , ret ain,
ret rieve, and reco unt inf ormat io n, or an
eve nt , t he int imidat i ng a nd be wil deri ng
at mosp her e und er whic h t he child
t est if ied, and b e ev alu at ed i n t he lig ht of
t he t ot alit y of t he evidenc e. ”
[ 39] I n t he case of S v Kub eka 1 98 2 (1) SA 53 4
(W LD ), i t was hel d t hat t he evid enc e ou ght not t o be lo oke d
at piece me al an d in isol at ion. All of it should b e an alyse d
and w eig he d t oget h er in det e rmi nin g wh et her t he st at e has
prove d it s case bey on d a reas on abl e do ubt .
[ 40] I t has been sai d , in a numb er of cases , t hat t he
prop er ap pro ach in a crimin al cas e is t o consi der t he t ot alit y
of t he evid enc e. T hat is t o say, t o exami ne t he n at ure of
t he st at e case, t he nat ur e of t he def en ce cas e , inclu din g t he
def en ce wit ness es, and t hen ask ones elf , at t he end of all
of t his , whet h er t he g uilt of t he a ccus ed has b ee n
est ablis he d bey on d a reas on abl e do ubt .
[ 41] K[ .. .] ’s evidenc e is t hat at t he accu sed' s hous e
she was wit h M[ . . .] and B[ . .. ] and t hat she does not
reme mb er t he ot hers and t hat wh ilst t here t he accuse d
calle d her int o t he bedro om a nd ha d sexua l int ercours e wit h
her ag ain st her will.
[ 42] T he Court ob serve d t hat K[ . . .], t he vict im in
cou nt 1, is an int elligent you ng girl, int ellig ent eno ug h t o

obs erve and ha s t he capacit y of recollect ion. I am saying
so be cau se, in re spo ns e t o a q uest io n, w hat sh e obs erve d
in t he accus ed be dro om, she rep lie d t hat amon gst ot hers
t here wer e Coc a -Co la can s. T he accused, whi lst in t he
wit ness st a nd, co nf irme d t his p ort ion of K[ . . .]’s evidence , he
t est if ied t hat he c ollect s t ins a nd met als f or re cyclin g
purp oses an d t hat h e g et s mo ney f or t his, a nd t h at t here
were t ins of C oca - Col a in his be droo m . K[ .. . ] could not
hav e see n t hese Coc a -C ola t ins in t he accus ed b edr oo m if
she was n ever i nsi de t his b edr oo m. I t is corroborat ed by
t he evi de nce of M[ . . . ] as t o what ha pp en ed in t h e acc use d
bedr oo m. K[ .. . ]’s t est imony does not st and a lo ne. I t is
corrob orat e d by t he evid enc e of M[ . .. ] as t o what happe ne d
in t he accus ed’s b edro om. I t is also conf irm ed by m edic al
evid enc e.
[ 43] A s regar ds co unt 1, t he evi de nce of K[ . . .], M[. .. ]
and B[ . . . ] is suff icient ly corrobor at ive of each ot her, as t o
wh at hap pe ne d b et we en t h e acc use d a nd K[ . . . ], as well as
wh at hap pen ed b et w ee n t he accus ed a nd B[ . . . ].
[ 44] K[ . .. ]’s t est imony is t hat t he accused
also p en et rat ed her sex ua lly f rom t he b ack at
Kwa gg ast roo m t rain st at ion, wh ich is in act ive. Th is port ion
of evide nce is corro bor at ed by B[ . . . ] and M[ . . .]. T hese
wit ness es are als o in agre eme nt t hat af t er t he accused ha d
sexu al int erc ours e wit h K[ . . . ], he gave t he m R 20 e ach.

T hey t hen pr oce ed ed ho me. Paseka ’s evi de nces is t hat
wh en B[ . . . ] relat ed t he i ncid ent t hat occurr ed at
Kwa gg ast roo m st at ion, he ask ed B[ . . .] if he saw t he
accus ed b ut t ocks an d B[ . . .] replied i n t he af f irmat ive an d
also sai d t hat he als o saw t he ac cus ed ’s pe nis .
[ 45] I t was argu ed by A dv Sim pso n f or t he d ef enc e
th at t he eviden ce of K[ . .. ], M[. .. ] and B[ . .. ] as t o what
exact ly ha pp en ed at t he t rain st at ion is not in harm ony,
whic h is in dic at ive of t he f act t hat t heir versi on i s a
f abricat io n. F or example it was argued t hat K[ .. .] t est if ied
t hat t he accu se d ha d inst ruct e d M[ . . . ] and B[ . . .] t o remain
on t he gro un d f loor of t he st at io n, but t hat B[ . . . ] t est if ied
t hat he w as o n t he l ef t hand st airs of t he brid ge k ee pin g
guar d wh en M[ . . .] t est if ied t hat t hey were on , she and B[ . .. ]
were o n t he rig ht han d side o f t he st airs.
[ 46] I t has been sai d , in a numb er of cases , t hat not
every error or cont rad ict ion af f ect s a wit ness credibil it y.
T he court must decide if t he deviat io n is mat erial or
perip her al. Cont radict io ns are not view ed in isol at io n, but
as part of t he ent ire bo dy of t he evid enc e pr ese nt ed . Se e S
v Mkohle 6 39/ 8 8 Z ASCA 98 , jud gm ent deliv ere d on
7 Sept e mb er 19 89. T he ult im at e g oal is t o d eci de if t he
st at e has proven t he gu ilt of t he accuse d beyo nd a
reaso na ble d ou bt , despit e t he sh ort comi ngs in t h e evid enc e.
[ 47] T he abov e co nt radict io ns com pla ine d of are

insig nif ica nt and are t o be expect e d f rom an hon est but
imperf ect rec olle ct ion, obs ervat i on a nd rec onst ruct i on of t he
evid enc e. T hey act ually mil it at e ag ainst a co nspir acy
bet w ee n K[ . .. ], M[. .. ] and B[ . .. ]. T he evidenc e of M[ .. .] ,
B[ . .. ] and K[ . . .] is age appr opri at e and co nsist e nt on core
f act s. Accused lure d t hem wit h a swimmi ng po ol t o his
plac e of residenc e, and war ne d t hem not t o t ell anyon e. He
gav e t hem mo ne y. Discrepa nci es in t he evi de nce as t o t he
exact dat es ar e ex pect e d f rom chil dren and do n ot dest roy
t heir credi bilit y.
[ 49] B[ .. .] report t o Pase ka is admissib le as a f irst
report an d supp ort consist enc y. B[. .. ] has no reaso n t o
implic at e t he acc use d.
[ 50] I f ind Pas eka t o b e a n eut ral wit ness. H e is not
relat ed t o t he vict ims. He only came t o know ab out t hese
incid ent s w hen h e ask ed B[ . . . ] if t he lat t er is doing silly
t hings wit h K[ . . . ], and it is w ort h me nt ion ing t h at K[ . . .] is t he
one w ho rep ort ed th e inci de nt t o Mpho, t he shopke ep er.
T here is t her ef ore a bso lut ely no ev ide nc e t hat Pasek a
con nive d, coach ed, or inf luenc ed t hes e childre n. I also f ind
Mph o t o be a neut ral w it ness. She is not relat ed t o K[ . .. ]
and B[ . . . ]. Mp ho t est if ied t hat K[ . .. ] inf ormed her t hat t he
accus ed is doi ng silly t hin gs t o her and wh en sh e aske d her
wh at she me ant ab out silly t hings sh e st art ed cryin g.
[ 51] N[ . .. ]’s evide nce is t hat sh e w as rap ed by t he

accus ed t wic e at his sal oo n o n dif f erent occas io ns. Sh e
doe s not recall t he dat es, but it was in 2023 an d 202 4, and
on on e occasi on t he accu sed m et her on her way an d
inf orme d her t hat sh e must acco mp any h im t o his resi de nt ial
plac e, an d sh e di d acc om pa ny t he accu sed t o his plac e of
abo de.
[ 52] T he eviden ce of N[ . .. ] is t hat on t he t wo
inst anc es t hat t he accused ha d int erco urse wit h her , he was
pen et rat ing h er f rom be hin d.
[ 53] K[. .. ]’s t est imony is t hat at t he t rain st at ion,
accus ed pe net rat e d her f rom behi nd an d t his version is also
conf irme d by B[ . . . ] and M[ . . .].
[ 54] Anot her imp ort ant asp ect is t hat af t er t he
int erco urse w it h K[ . . .] at t he t rain st at ion, an d af t er t he
incid ent s at t he acc use d resi de nt ial p lac e, t he acc use d
gav e t hese chil dre n eac h R2 0. T hese aspect s d emo nst rat e
t hat t he accuse d was u sin g t he sam e mod us o pera ndi .
[ 55] Adv Simpson p lac ed mu ch em ph asis o n t he f act
t hat N[ . .. ] did not report t hat she was rape d in 20 23 but in
202 4 she ag ain go es t o t he accused ’s salon w here sh e was
rape d f or t he s eco nd t im e. Sh e arg ue s t h at t his co nf irms
t hat Pasek a inf lu enc ed th e chil dre n. I disagre e. O ne
incid ent is all eg ed t o h ave occurr ed i n 20 23 an d w as not
report e d in 202 3. T he of f ense of ra pe h as n o pr escript io n
perio d. Sect ion 59 of t he Sexual O ff enses Act is specif ic

t hat no inf ere nce c an b e dra wn f rom t he d el ay bet w ee n t he
commi ssio n and t he report in g of t he rape. T heref ore, t he
del ay in report ing t he rap e coul d not be decisive in t he
adj udic at ion of N[ . . . ]’s t est imony.
[ 57] Applyin g t he principl e in S au l, W oji and Pho gol e
supra , I f ind t hat N[ .. .] , K[. .. ] , B[. .. ] , M[ .. . ], B[ .. .] ’s e videnc e
is relia ble , t rust w ort hy, an d sat isf act ory i n all mat eri al
respect . Despit e t heir age, t hey were a ble t o answ er all
que st ions f ra nkly a nd ho nest ly. T hey are ad ama nt t hat t he
accus ed is t h e o ne wh o rap ed K[ . . . ], N[. .. ] and B[ . . .]. T he
evid enc e is support e d by medic al evid enc e, and t he
accus ed k ne w e ach ot her well bef or e t his inc id ent . T here is
no sug gest i on t hat t hey were at log ger he ads. I see no
reaso n why t hey can f alsely incri min at e t he accuse d to t he
commi ssio n of t he of f enses.
[ 58] T he accus ed ’s evid en ce is not imb ue d wit h t he
desir ed cl arit y of precis ion. I t is riddl ed wit h
impro ba bilit ies, inc onsist e nci es, discrep anci es, and is
dev oid of all cred enc e.
[ 59] T he accused is insin uat in g t hat t he t hree
vict ims, t hat is K[ .. .] , N[. .. ], B[ .. .] , and t he ot h er wit n esses ,
t o wit , B[. . .] , M[ .. .] , Mpho , w ere inf lu enc ed by P asek a t o lay
f alse char ges a gai nst him. T here is no f orce in t his
argu me nt beca use t o do so, all t he t hre e vict ims B[ . .. ] and
Mph o wo ul d hav e had t o co nspir e wit h Pas eka a bo ut what

t hey w oul d say i n co urt . T he vict ims and M ph o a nd B[ …]
gav e a det aile d and con sist ent acco unt . I f ind it diff icult t o
f at hom t hat Paseka man ag ed t o coach t hree sep arat e
childr en, inc lu din g B[ . . . ] and Mp h o, t o giv e suc h d et aile d
and c onsist e nt acco unt s , t he det ail a nd co nsist en cy in t he
evid enc e of t hese wit n ess dispr oves t his co nt ent io n
[ 60] W hen t h e t rial st art ed, t he acc use d t hrou gh his
Leg al repre sent at iv e vehe me nt ly deni ed havi ng giv en t he
childr en a ny m on ey, but w he n he was i n t he wit ness st a nd,
he ch an ged t h e t une. He a dmit t ed h avin g giv en t he chi ldre n
mon ey f or recycling pur pos es. T his is a mat erial
cont rad ict ion.
[ 61] According t o t he accu sed, his h ous e is sit uat ed at
Kan an a, whic h is 10 kil omet res f rom Z o ne 11, Seb oke ng ,
wh ere N[ . . .], t he vict im in count 2, is st aying. N[ .. .] knows
t he ot her v ict ims in t hi s mat t er, t hat is B[ . . .], K[ .. . ], as well
as M[ . .. ] and B[ . .. ]. She also kno ws Pa s ek a and M pho . All
of t hem are res idi ng at . Z one 11. I t is inconcei vab le t hat
N[ . . .] would opt t o walk a dist a nce of 1 0 kilo met res w it h t he
accus ed t o go and put up at t he lat t er place of abod e, and
did n ot t hink of asking f or acc omm od at ion at any of t hese
wit ness es.
[ 62] Anot her asp ect t hat raises ey ebr ows is t hat
accord in g t o N[ . . . ], accused li ed t o his wif e , h e t ol d t he
lat t er t hat N[ . .. ] should b e acco mm od at ed f or t he ni ght

bec aus e her pare nt s were invol ved in an acci de nt . It is
aga in i n co nceiv abl e t hat t he accus ed deci de d t o lie t o his
part ner a bo ut t his issue, he agai n lied t o his wif e, he t old
t he wif e t hat N[ .. .] ' s name is Mase g o. T he quest io n t hat
f orcef ully co me t o t he f ore is why did he li e ab out N[ . . . ]’s
nam e. W hy did he f urnish t he w if e wit h t his child' s f alse
nam e? W hy di d he cal l her Mas e g o?
[ 63] T here are some co nt radict io ns t hat I ha ve
ment io ne d earli er in t he st at e case, but t hey are not
mat eria l an d it is wort hy t o not e t hat wher e t wo or m ore
wit ness es are invol ve d, like in t he present case,
cont rad ict ions ar e inevit a bl e. T he age of t he vict ims, t he
t ime t hat have l aps ed b ef ore t he y cam e t o t est if y, must be
t aken int o co nsid erat io n.
[ 64] T he Court had t h e op port u nit y t o see t he vict ims
and t he wit ness es , t hey mad e a go od im pressi on t o t he
Co urt , t hey answ ere d all q uest io ns f rankly an d ho nest ly ,
they ap pear ed t o be h on est and rel ia ble.
[ 65] T here is no in dic at ion of any m ot ive t he st at e
wit ness es may h ave had t o f alsely i mplic at e t he acc use d.
[ 66] T he st at e wit n esses del iver ed an im pecc abl e
perf orm anc e in t he wit ness st an d. I have no rea son t o
plac e any q uest io n mark in t he ir evid enc e.
[ 67] T he cumul at ive ef f ect of all t he f act s f ormed a
net w ork so c oh erent i n it s t ext ure t hat t he accus ed c oul d

not break t hro ug h it . I f ind t hat t he accus ed rap ed K[ . . . ]
t wice, N[ . . .] t wice an d B[ . . .] once.
[ 68] It is my consid ered vi ew t hat af t er havin g
ana lyse d a nd wei gh ed all t h e evi de nce pres ent e d, t hat t he
st at e have succe ede d t o prove it s case beyond a
reaso na b le d ou bt .
You m ay st an d up. I n t he res ult , I prono unc e t he
f ollow ing v erdict :
Co unt 1: Rap e, guilt y as char ge d.
Co unt 2: Rape, gui lt y as charg ed .
Co unt 3: Rap e, guilt y as char ge d .
ACC US ED F O U ND G UI LT Y O N ALL C HA RG ES

…… …… …… …… … …. .
MAT L APE NG , AJ
JU DG E O F T HE HI G H CO URT
DAT E : 03/ 08 /20 26

TRANSCRIBER’S CERTIFICATE
I, the undersigned, hereby certify that so far as it is audible to
me, the aforegoing is a true and correct transcript of the
proceedings recorded by means of a digital recorder in the matter
between:
STATE // MOHOLO VOILE TENTSI

CASE NUMBER : CC10/2025
RECORDED AT : PRETORIA
DATE HELD : 03 -08-2026
NUMBER OF PAGES : 28










DATE COMPLETED 02-09-2026

TRANSCRIBER
SUZIE IDAS


PROBLEMS EXPERIENCED WIT H RECORDING

• Audio typed verbatim. Grammar has not been corrected.
• Names not spelled into the record have been typed phonetically and
marked with a [?].
• At some point the audio skipped a few beats and played back very
slowly. Same was marked …[indistinct - audio distorted]

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