Director of Public Prosecutions, Limpopo v Mohale Ramalekana

The respondent was charged in the Tzaneen Regional Court with rape in contravention of s 3 of the Criminal Law (Sexual Offences and Other Matters) Amendment Act 32 of 2007. The complainant, a 15-year-old girl, alleged that the respondent threatened her with a knife, chased her, and later had non-consensual sexual intercourse with her at a third party’s house, ejaculating inside her. The police arrived during the incident and arrested the respondent. The respondent denied penetration, denied possession of a knife, and relied on DNA evidence showing that semen found in the complainant did not match his DNA. The regional court acquitted him, finding that penetration was not proved and accepting the defence version. The Director of Public Prosecutions sought to appeal under s 311 of the Criminal Procedure Act 51 of 1977, arguing that the acquittal was based on a question of law and that the court should have considered a conviction of attempted rape. The High Court struck the matter from the roll, holding that the acquittal was based purely on factual findings. The DPP appealed to the Supreme Court of Appeal.

The appeal was struck from the roll as it did not fall within the ambit of s 311(1) of the Criminal Procedure Act 51 of 1977.

The case reinforces the strict limits on the State’s right to appeal against an acquittal under s 311 of the Criminal Procedure Act. It clarifies that disputes about the evaluation of evidence, credibility findings, or inferences drawn from facts are questions of fact, not law. The judgment underscores the finality of acquittals based on factual determinations and affirms the protection against State appeals disguised as legal questions.