THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
JUDGMENT
REPORTABLE/NOT REPORTABLE
Case No 323/2015
In the matter between:
LENTIKILE MICHAEL MOCUMI
APPELLANT
and
THE STATE
Neutral citation:
RESPONDENT
Mocumi v The State (323/2015) [2015] ZASCA 201 (2
December 2015).
Coram:
Navsa, Cachalia, Shongwe, Tshiqi and Dambuza JJA
Heard:
11 November 2015
Delivered:
2 December 2015
Summary: Criminal law – evidence - contradictions in the evidence of child
complainants in sexual offence cases – contradictions not necessarily fatal to state
case – evidence must be considered carefully – discussion of onus borne by the
State - court must be satisfied that despite contradictions the evidence constitutes
proof beyond reasonable doubt of commission of the offence and identification of the
perpetrator – relevant considerations include the age and capacity of the child.