Michael Jantjies v The State

The appellant was convicted in the Regional Court on three counts of rape arising from an alleged incident on 7 March 2015 at a hotel in St Helena Bay involving the complainant, a 48-year-old schoolteacher with whom he had been in contact since August 2014. The complainant alleged that the appellant raped her vaginally, anally and orally without consent while they shared a hotel room. The appellant denied being with the complainant at the hotel on the relevant date and asserted that any prior sexual encounters were consensual and that the rape allegations were fabricated after he defrauded the complainant of R50 000 and ended their relationship. The State’s case relied primarily on the complainant’s evidence as a single witness, supported only by hearsay consistency evidence from a retired police officer. No hotel records, medical witnesses, investigating officer, or corroborative witnesses were called. The Regional Court convicted the appellant, and the High Court dismissed his appeal. He then appealed to the Supreme Court of Appeal with special leave.

The appeal was upheld. The convictions and the resultant sentences were set aside.

The case reaffirms core principles of South African criminal law regarding the evaluation of evidence, particularly in sexual offence cases based on single-witness testimony. It underscores the duty of courts to consider all evidence holistically, the high standard of proof resting on the State, and the necessity of proper investigation and corroboration where available. The judgment also highlights the dangers of inadequate police investigation and its impact on the administration of justice.