Nomfusi Nompumza Seyisi v The State

The appellant, Nomfusi Nompumza Seyisi, was employed as a paymaster by the Eastern Cape Department of Social Development. She was charged in the Mdantsane Regional Court with 1025 counts of fraud, alternatively theft, arising from the alleged facilitation of unauthorised social welfare grant payments to fictitious or duplicated beneficiaries between 1994 and 1996. The State alleged that she affixed her own finger and toe prints to payment vouchers to enable the fraudulent payments. A fingerprint expert, Mr Stassen, compared the prints on 1025 vouchers with known finger and toe prints of the appellant and found seven or more points of similarity on each, which he testified was sufficient to identify them as emanating from the same person. The appellant denied that the prints were hers but led no expert evidence in rebuttal.

The appeal against the convictions was dismissed.

The case affirms the evidentiary principle in South African criminal law that credible and unchallenged expert evidence constitutes prima facie proof and may be relied upon to convict an accused. It clarifies that once such evidence is accepted, an evidential burden rests on the defence to place it in dispute, particularly in cases involving technical or scientific identification evidence.