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
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