In S v Mvelase (2004), Mvelase was charged with three counts of rape, committed against the same complainant, and was convicted and referred to a High Court for sentencing. Before the Court confirmed the conviction and proceeded to sentencing of the accused, it was contended on his behalf that the proceedings in the court a quo had not been in accordance with justice, because the magistrate made no further enquiries when the accused's legal representative had closed his case without him testifying, although it had been indicated to the complainant that he would testify.