Jonas Mahlare v The State

The appellant, a sports teacher, was charged in the Regional Court with raping a 15-year-old pupil. He was acquitted of rape but convicted of contravening s 14(1)(a) of the Sexual Offences Act 23 of 1957 for having sexual intercourse with a girl under 16. The complainant became pregnant and later gave birth to a child. During the trial, the State obtained an order under s 37(1)(c) of the Criminal Procedure Act 51 of 1977 compelling the appellant to provide a blood sample for DNA analysis. An expert witness testified that DNA analysis showed a 99.04% probability that the appellant was the biological father of the child. No direct evidence was led as to the actual taking of the blood samples from the appellant, complainant and child. The defence cross-examined the expert on the statistical strength of the DNA results but did not dispute that the samples analysed were from the relevant persons. The appellant was convicted; his conviction was upheld on appeal to the Witwatersrand Local Division, and he appealed further to the Supreme Court of Appeal against conviction only.

The appeal was dismissed. The conviction and sentence were confirmed.

The case is important in South African criminal procedure and evidence law for confirming that admissions may be implied from the conduct and questioning of an accused’s legal representative during cross-examination. It affirms that such informal admissions, made in open court, dispense with the need for formal proof and may be relied upon by the State.