Molema v The State

The appellant was tried in the Regional Court, Krugersdorp, on two counts of rape read with s 51 of the Criminal Law Amendment Act 105 of 1997. The complainant, a former employee and tenant of the appellant, alleged that he raped her in June 2006 at his home and again on 4 December 2006 in a shack on the spaza shop premises. The appellant admitted sexual intercourse in his plea explanation but alleged consent; during testimony he denied intercourse on the charged dates. The regional court convicted him on both counts and imposed an effective sentence of 15 years’ imprisonment, treating the counts as one for sentence. His applications for leave to appeal to the High Court were refused, prompting an appeal to the Supreme Court of Appeal against the refusal of leave.

The appeal against the refusal of leave to appeal was dismissed.

The case reinforces the strict threshold for granting leave to appeal in criminal matters and underscores appellate deference to trial courts’ credibility and factual findings. It also affirms the seriousness with which South African courts treat rape offences and the limited circumstances under which appellate courts will interfere with prescribed or lengthy sentences.