QUESTION 2
A 6-year old child complainant testifies in a criminal case in which the accused is charged with kidnapping. The child explains that a piece of cloth was drawn over her head shortly after seeing her kidnapper's face. In South African law of evidence.
Will this complainant's evidence be relied upon by the court?
A.
Only if the court is satisfied that the witness's evidence is clear and satisfactory in every way.
B.
Only if the court is satisfied with the child's intelligence and character.
C.
Only if there is no obvious reason the child would be motivated to falsely identify her kidnapper.
D.
If the court is satisfied that there was a proper opportunity for the child to observe the face of the kidnapper.
E.
All of the above.
D. If the court is satisfied that there was a proper opportunity for the child to observe the face of the kidnapper.
In the South African law of evidence, the court relies on specific criteria to determine whether a child complainant's evidence can be relied upon. Let's break down the options to find the correct answer.
Option A states that the court will only rely on the evidence if it is clear and satisfactory in every way. This means that the child's testimony must be coherent and convincing for the court to consider it reliable.
Option B suggests that the court will only rely on the evidence if it is satisfied with the child's intelligence and character. In South African law, a child's intelligence or character is generally not determinative of the reliability of their testimony. The court focuses more on the substance of the child's evidence rather than their personal characteristics.
Option C states that the child's evidence will only be relied upon if there is no obvious reason for the child to falsely identify her kidnapper. This suggests that the court will assess whether there is any motive for the child to provide false testimony. If there is a clear motive, the court may view the evidence with skepticism.
Option D proposes that the child's evidence will be relied upon if the court is satisfied that there was a proper opportunity for the child to observe the face of the kidnapper. This criterion focuses on the circumstances surrounding the child's ability to observe and remember the identity of the accused. If the court finds that the child had a sufficient opportunity to observe the accused, their evidence may be considered reliable.
Option E suggests that all of the above factors should be considered, and if any one of them is satisfied, the complainant's evidence will be relied upon by the court.
Among these options, the most accurate answer is D. If the court is satisfied that there was a proper opportunity for the child to observe the face of the kidnapper, the child's evidence may be relied upon. This criterion focuses on the child's ability to observe the accused, which is important for the court to assess the reliability of the testimony.
Therefore, the correct answer is D: If the court is satisfied that there was a proper opportunity for the child to observe the face of the kidnapper.