Luthuli v The State

The appellant was convicted in the regional court, Verulam, in February 2000 of raping a minor complainant on several occasions between November 1997 and March 1998 and sentenced to 10 years’ imprisonment. The conviction rested primarily on the complainant’s testimony, supported in part by her mother and limited medical evidence. The appellant denied the allegations. In December 2002, while the appellant was serving his sentence, the complainant made a sworn statement admitting that she had falsely implicated the appellant, explaining that she had consensual sexual relations with her boyfriend and accused the appellant out of fear of her mother. This recantation was confirmed in subsequent affidavits and investigated by the police. Leave was later granted to appeal and to lead further evidence. Before the appeal was heard, the complainant and two key potential witnesses died.

The appeal succeeded and the appellant’s conviction and sentence were set aside.

The case is significant for its application of the principles governing the admission of further evidence on appeal and for affirming that courts must intervene to prevent miscarriages of justice, even many years after conviction. It illustrates the SCA’s willingness to set aside a conviction outright where new evidence cannot be led due to circumstances beyond the accused’s control, particularly where the reliability of the original conviction is doubtful.