Tfwala v Rex (19 of 2022) [2023] SZSC 6 (28 February 2023)

Case summary

Bail - appellant allegedly raped his fifteen year old biological daughter on multiple occasions - appellant charged with rape in contravention  of  Section 3 (]), 3 (3) (a) (c), 3 (4) (c), 3 (6) (e)  as read with Section 3 (9) (b) of the Sexual Offences and Domestic Violence Act No 15 of 2018 - such constitute specified incidences  of rape as listed in Schedule Five of the Criminal Procedure and Evidence Act No 67 of 1938 - consequently and in terms of section 96(12) of the latter Act appellant burdened with onus to adduce evidence, on a balance of probabilities, proving the existence of exceptional circumstances which, in the interests of justice, entitles appellant to be released on bail.

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