Van der Watt v S (488/09) [2010] ZASCA 22

23rd March 2010

Summary: Rape - single witness - many indications that complainant's evidence fabricated - accused's version reasonably possibly true.

On appeal from: North Gauteng High Court (Pretoria) (Legodi and Jooste JJ sitting as court of appeal).

1. The appeal is upheld.

2. The order of the court a quo is set aside and substituted with the following:

‘The appeal is upheld. The conviction and sentence are set aside'