Petrus Liebenberg v The State

The appellant was convicted in the regional court, Tulbagh, of rape and robbery arising from an incident on 12 May 1995. The complainant was attacked, robbed and repeatedly raped by an unknown assailant. She later identified the appellant at the police station based mainly on hearing his voice and his general appearance. The appellant denied involvement and raised an alibi, supported by his girlfriend, Ms Ann Jumat, who testified that he was with her at various social venues at the time of the offences. The trial court accepted that the alibi could not be rejected as false, but nonetheless convicted the appellant on the basis that he could have slipped away briefly to commit the crimes. His appeal to the Cape High Court failed, but leave to appeal was later granted to the Supreme Court of Appeal.

The appeal was upheld. The order of the High Court was set aside and replaced with an order upholding the appeal and setting aside the convictions and sentences. The late filing of the appeal record and heads of argument was condoned.

The case reaffirms the correct approach to alibi evidence in South African criminal law and underscores that an accused is entitled to an acquittal where there is a reasonable possibility that the alibi is true. It also highlights the link between alibi evidence, reasonable doubt, and the right to a fair trial, as well as the constitutional implications of excessive delays in the appellate process.