VAN DER WESTHUIZEN J [30] The amicus appointed to investigate the question of age concluded that the applicant was 16 at the time of the commission of the crime, but did not have the benefit of verifiable, objective evidence. A virtually illegible copy of a birth certificate, which was received from Mr Mpofu’s previous school, was attached to the report. Shortly before the hearing of this matter, the applicant requested this Court to admit an “original birth certificate”. It appears that this certificate and the illegible copy contain notable differences. None of the documents provides conclusive proof of the birth date. [31] The DPP points to the indictment in this case, which indicates that he was 20 years of age when arrested on 4 March 1998. Further, according to the Criminal Record System, he gave two different dates of birth: 4 April 1977 and 4 September 1979. Mr Mpofu submits that he gave the South African authorities two birthdates in an attempt to avoid being linked to a criminal offence in another case pending against him at the time. He submits that his true date of birth is the one in the birth certificate attached to the amicus’ report, namely 25 September 1981. [32] The DPP presented an affidavit from a Control Immigration Officer from the Department of Home Affairs. The officer matched Mr Mpofu’s identity number with his record in the National Population Registry database. However, it indicates the date of birth assigned to the applicant as 4 April 1977. Accordingly, the DPP argues that the evidence provided by the Department of Home Affairs establishes beyond reasonable doubt that the applicant was not a minor at the time of the commission of 14

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