Sherbert
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Seems a pretty squishy legal definition. "Sincerity" is as subjective as it gets. Marsipa believes him sincere. What exactly in the trial record could the High Court point to in order to overrule her about his "sincerity?"
Really? The SCA didn't seem to think so when they cited it in Britz v S (889/2015) [2016] ZASCA 86 (31 May 2016).
How can a person who has been found not to have confided in the court be sincere?
Both courts found him to be untruthful, so it simply wasn't open to Masipa to find him genuinely remorseful.