- S v Melvino White Case No CA & R08/2021, 20 January 2021 (ECG)
Mr Melvino White, the accused, appeared before the regional court in East London (“the trial court”) charged with a contravention of section 55(a) (see infra), read together with section 3 (see infra) of the Criminal Law (Sexual and Related Matters) Amendment Act 32 of 2007) (hereinafter referred to as Act 32 of 2007).
The accused first appeared before the trial court on 21 November 2019. After several postponements due to the COVID-19 pandemic and the unavailability of forensic DNA results, the matter proceeded to go on trial a year later on 23 November 2020.
On the latter date the accused was legally represented. He pleaded guilty to a contravention of section 5(1) of Act 32 of 2007 infra.
Section 55 of Act 32 of 2007 provides as follows:
“55. Attempt, conspiracy, incitement or inducing another person to commit sexual offence
Any person who -
(b) conspires with any other person; or
(c) aids, abets, induces, incites, instigates, instructs, commands, counsels or procures another person, to commit a sexual offence in terms of this Act [32 of 2007], is guilty of an offence and may be liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.”
(Emphasis added and particulars in square brackets inserted by Pollex.)
Section 3 of Act 32 of 2007 provides as follows:
3. Any person (‘A’) who unlawfully and intentionally commits an act of sexual penetration with a complainant ('B') without the consent of B, is guilty of the offence of rape.”
Section 5(1) of Act 32 of 2007 provides as follows:
5(1) A person (‘A’) who unlawfully and intentionally sexually violates a complainant
(‘B’) without the consent of B, is guilty of the offence of sexual assault.
(Letters in round brackets are those by the legislature. These latter sections 3 and 5(1) of Act 32 of 2007, must, of course, be read with the word definitions of “sexual penetration”, “complainant”, “sexual offence” and “sexual violation” as they appear in section 1 of Act 32 of 2007.)