Physical evidence is the silent witness in criminal cases which is why it should not be contaminated and why the chain of custody is vital. Read our article published from p20 in Servamus: August 2021 to learn more about evidence and the story it tells.
The reconstruction of a crime scene is a vital step to give the court an idea of what happened at a crime scene. Our article published from p34 in Servamus: August 2021 explains what the process entails.
Various role-players from within the SAPS can help to provide specialised information about the scene, the victim and the suspect at a crime scene. Our article published from p23 in Servamus: August 2021 highlights these role-players.
- Doorewaard and Another v the State (Case No 908/2019)  ZASCA 155 (27 November 2020) and 2021(1) SACR 235 (SCA)
Mr Pieter Doorewaard (accused 1) and Mr Philip Schutte (accused 2) were convicted before the High Court in Mahikeng in the North West Province (“the trial court”) on five counts, namely murder; kidnapping; intimidation; theft and illegal pointing of a firearm. The trial was a sequel to the much-publicised case of the death of Mathlomola Jonas Mosweu, a 15-year-old boy child (the deceased) who either jumped from the back of a moving bakkie while on its way to the local police station in Coligny, or who was thrown from the bakkie, allegedly by the two accused persons. According to the two accused, they had arrested the deceased (made a citizen’s arrest)* when they noticed him stealing sunflower heads from their employer’s farm (see paragraph  of the SCA judgment).
- S v Lekeka 2021 (1) SACR 106 (FB)
Mr Molefe Edward Lekeka, the accused, was convicted by the regional court in Bethlehem in the Free State (“the trial court”), of count 1, housebreaking with intent to contravene section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (hereinafter referred to as Act 32 of 2007), and count 2, contravening section 55(a) of Act 32 of 2007.
- amaBhungane Centre for Investigative Journalism NPC* and Another v Minister of Justice and Correctional Services and Others; Minister of Police v amaBhungane Centre for Investigative Journalism NPC* and Others CCT 278/19 AND CCT 279/19 dated 4 February 2021 Constitutional Court (CC)
The applicants, namely amaBhungane Centre for Investigative Journalism NPC* and Mr Stephen Sole - a journalist who had been the subject of state surveillance* - approached the High Court in Pretoria (“the High Court”) on the basis of a number of constitutional challenges to the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (hereinafter referred to as “RICA”)*.