Common law – authority to institute proceedings on behalf of a juristic person - an applicant which is a legal person bears the onus to prove that the application which it has launched is authorised and that the individual who makes the application is duly authorised.
Plea of guilty – Accused pleading guilty to rape – Disputing the insertion of the penis into victim’s vagina – Asserting he inserted his finger into female genitalia of victim – State adducing forensic evidence – Presence of semen intra-vaginally highly indicative of penal insertion.
Delict – Action for damages – Based on bodily injuries, pain and suffering and emotional trauma – Claim resulting from an alleged assault perpetrated by a police officer ––The approach to mutually destructive versions restated – Court found t