Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

How body corporate meetings are chaired and regulated in sectional title schemes

August 21, 2026

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026

Company loses R3.5 million claim after its own witness destroys the case

August 21, 2026
Facebook X (Twitter) Instagram
Trending
  • How body corporate meetings are chaired and regulated in sectional title schemes
  • Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest
  • Company loses R3.5 million claim after its own witness destroys the case
  • High Court tells mother of twin sisters to ask judge to enforce school registration order
  • Former Tshwane councillor unlawfully authorised roadside businesses in Mamelodi
  • Rhodes University SRC candidate fails to overturn expulsion following LGBTQIA+ posts
  • The truth about estate gate licence scans that everyone is getting wrong
  • Gertrude Shope’s enduring legacy continues to shape women’s leadership in South Africa
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Man freed as court finds single witness testimony unreliable in rape case
Criminal Law

Man freed as court finds single witness testimony unreliable in rape case

A man serving 10 years for rape has been exonerated by the North West High Court after the judge found the complainant’s story was riddled with contradictions, lacked supporting evidence, and failed to meet the standard of proof required for conviction.
Kennedy MudzuliBy Kennedy MudzuliOctober 9, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • The court ruled that relying on single witness testimony was unsafe due to major inconsistencies in the complainant’s account.
  • Medical and witness evidence did not back up the claim of rape, raising serious doubts about the case.
  • The judge found the State did not prove guilt beyond a reasonable doubt, leading to the man’s immediate release.

The North West High Court in Mahikeng has set aside the rape conviction of a man who had spent years behind bars. Judge President Ronald Hendricks ruled that the case rested almost entirely on single witness testimony, and that this testimony was full of contradictions and gaps.

The man, identified only as PS, was originally convicted by the Potchefstroom Regional Court of rape, kidnapping, and intimidation. His main sentence was 10 years for rape. He appealed to the High Court, arguing that the trial judge failed to treat single witness evidence with the caution it demands.

Judge Hendricks agreed, saying the magistrate “misdirected herself by failing to correctly apply the cautionary rule to the evidence of a single witness.” He pointed out that the complainant’s version of events kept changing and was not supported by other evidence.

Contradictions and missing evidence

A closer look at the case revealed big differences between what the complainant, her mother, and medical professionals said. The mother reported seeing blood on her daughter’s underwear after the alleged incident, but the nurse who examined the complainant found no injuries or blood, just a whitish discharge. Judge Hendricks said this gap could not be written off as a simple mistake.

The court also considered a message allegedly found on the complainant’s cellphone, suggesting she had planned to make a false rape accusation. Judge Hendricks said this cast serious doubt on her honesty and should not have been ignored.

He also questioned why the complainant did not try to escape or call for help, despite having several chances. “If she wanted to escape, she had ample opportunity to do so, yet she did not,” Judge Hendricks said. He found it more likely that the complainant went with the man willingly, which matched his account of what happened.

State fails to prove guilt beyond a reasonable doubt

Judge Hendricks reminded the court that the law puts the burden on the State to prove guilt beyond a reasonable doubt, never on the accused to prove innocence. He said, “His version only needs to be reasonably possible true to be given the benefit of the doubt and to be acquitted.”

He concluded that the State’s case fell short. “The probability that this was indeed a false charge of rape laid against the appellant is strengthened by the improbabilities inherent in her evidence and the contradictory evidence of her mother, which is not borne out by the medical evidence.”

Judge Hendricks also noted it was unlikely that a man trying to repair his marriage would act violently. “It is highly improbable that if the appellant wanted to reconcile with the complainant, he would subject her to such violent and inhumane treatment,” he said.

The court set aside both the conviction and sentence, and ordered the immediate release of PS unless held for another reason. Acting Deputy Judge President AH Petersen agreed with the decision.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

 

appeal court Criminal justice North West High Court Rape case single witness testimony
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Landmark criminal cases that captured South Africa and shaped its justice system

August 16, 2026

Predator used fake modelling offers on social media to rape four women

August 14, 2026

Magistrate discloses bribery attempt after convicting accused, steps aside before sentencing

August 14, 2026
Leave A Reply Cancel Reply

Prove your humanity: 4   +   7   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Sectional Title Law
4 Mins Read

How body corporate meetings are chaired and regulated in sectional title schemes

By Ashwini SinghAugust 21, 20264 Mins Read

A practical guide to the appointment, powers and legal duties of body corporate chairpersons, and the remedies available when meeting procedures are not followed.

Displaced Grade 12 learners face exam uncertainty amid ongoing xenophobic unrest

August 21, 2026

Company loses R3.5 million claim after its own witness destroys the case

August 21, 2026

High Court tells mother of twin sisters to ask judge to enforce school registration order

August 21, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

10 landmark Constitutional Court cases that changed South African law

August 16, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by