Viveros v S (2000) 2 All SA 86 (A)

Main Issue: Indecent assault and sodomy by principal of a shelter for homeless

Findings: Because the burden of proof to convince court is on the State which the magistrate erred on and because the magistrate’s undue reliance on the uneasy attitude of the appellant in the witness box, and considering that it was not improbable that the complainants would conspire to fabricate charges against appellant, conviction and sentence is set aside.