n Law, Democracy & Development - The principle of legality in constitutional matters with reference to 2007 (5) SA 30 (CC)

Volume 13, Issue 1
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



The complainant in the matter was a nine-year-old girl who alleged that she had been raped by a man who was known to her, Mr. Fanuel Sitakeni Masiya, on 16 March 2004. She was medically examined one week later on 23 March 2004. Mr. Masiya had initially appeared before the District Court at Sabie; later the case was referred to the Graskop Regional Court where he was charged with rape.

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