Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).

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11 judgments

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11 judgments

Citation	Judgment date
December 1946
Barry v R (25/46) [1946] ZASCA 5 (13 December 1946) Appellant's alibi rejected due to contradictions; magistrate's credibility findings upheld and appeal dismissed. Criminal law – Assault/robbery charges – Alibi defence – Credibility findings – Contradictions in defence evidence – Appellate review of magistrate’s report and verdict.	13 December 1946
November 1946
West End Diamonds Ltd v Johannesburg Stock Exchange (35/46) [1946] ZASCA 2 (26 November 1946) A Stock Exchange may remove a company's shares from official quotation when the company is insolvent or in liquidation. Stock Exchange — Official quotation — Revocation of quotation where company is insolvent or in liquidation — Contractual relationship created by quotation — Rules 168 & 169: magnitude, importance and bona fide character material to quotation — Implied right to terminate quotation to protect investing public.	26 November 1946
October 1946
Broughton v Mayor and Councillors of City of Durban (32/46) [1946] ZASCA 3 (29 October 1946) Whether a ministerial extension of a conciliation agreement governed all municipal artisans' service-money entitlements. Industrial Conciliation Act — Conciliation Board agreement and Ministerial declaration — extension of agreement to "other employees" — interpretation of "artisan" and saving clause — effect on service-money entitlements.	29 October 1946
Mutchie v R (34/46) [1946] ZASCA 1 (22 October 1946) Police testimony of admissions interpreted by a native constable is inadmissible without the interpreter’s affirmation of correct interpretation. Criminal procedure — Evidence through interpreter — Statements made through an interpreter are hearsay unless interpreter affirms correct interpretation — admissibility requires interpreter’s testimony and the recipient’s evidence of what was interpreted — s.270 Criminal Procedure Code.	22 October 1946
Patz v R (20/46) [1946] ZASCA 7 (22 October 1946) A jury misdirection about "strong suspicion plus wilful non-enquiry" was isolated; conviction affirmed given overwhelming evidence. Criminal law – Receiving stolen property – Essential element of guilty knowledge (actual belief or conviction) – Distinction between suspicion and knowledge – Jury directions and misdirection – Assessment whether misdirection influenced verdict – Historical Placaat provisions considered but not held to extend liability to "ought to have known" standard.	22 October 1946
Smit and Another v R (17/46) [1946] ZASCA 9 (22 October 1946) Court upheld convictions: s.175's extended "sell" applies to s.164(a); course-of-conduct proof and general verdict permissible. Criminal law — Liquor Act — Construction of "sell" in s.164(a) — s.175 definition includes "possession for purposes of sale"; course of conduct charge permissible; general verdict competent; vendor's registers and surrounding evidence may corroborate accomplice testimony to sustain conviction.	22 October 1946
South African Railways & Harbours v Silverton Estates Limited (5/46) [1946] ZASCA 13 (18 October 1946) Court holds that benefits from railway workshops may be set off under s.9 and remits case to assess such betterment. Expropriation — compensation — Ordinance No. 20 of 1903 s.9 — deduction of betterment (benefit) resulting from railway workshops — scope of "benefit" not confined to land under same title — "may be taken into consideration" construed as obliging consideration when benefit proved — valuation and severance awards reviewed but not disturbed.	18 October 1946
Mtetwa v R (23/46) [1946] ZASCA 6 (16 October 1946) Whether identity and ownership of a stolen cow were proved and s.4(2) permits conviction despite ownership not proved. Criminal law – Theft of stock – Proof of identity and ownership of animal – Inference from accused's failure to explain possession – Section 4(2) Stock Theft Act 26 of 1923 permits conviction despite failure to prove ownership – Alternative verdict for theft of property of unknown owner – Compensatory fine under section 10.	16 October 1946
R v Perumal (12/46) [1946] ZASCA 11 (4 October 1946) Conviction for failure to keep required insolvency records upheld; sentence set aside and remitted for mitigation evidence. Insolvency Act s.134(1) – duty to keep proper records – whether occupation/transactions reasonably required record-keeping; evidence of brickworks and building lettings; trustee's inability to verify estate accounts – conviction upheld; appellate power to remit on sentence – mitigation by attorney accounts may affect punishment.	4 October 1946
September 1946
Mpanza v R (27/46) [1946] ZASCA 4 (19 September 1946) (Reasons) An exemption from "Native Law" excludes the Governor‑General's removal power under section 5(1)(b) of the Native Administration Act. Native law – exemption under Natal Law 28 of 1865 (deemed under s31(3) Act 38/1927) – scope of "Native Law" – section 5(1)(b) removal power part of tribal organisation and control – exemption excludes operation of s5(1)(b).	19 September 1946
March 1946
Kent v South African Railways & Harbours and Another (7/46) [1946] ZASCA 12 (30 March 1946) Whether a statutory dedication barred Crown expropriation absent specified consent and who must give that consent. Expropriation — interaction between special dedication statute (Ordinance 24 of 1905 s.2) and general expropriation powers (Ordinance 20 of 1903; Act 22 of 1916) — whether consent to relax dedication required and who may give it after Union — application of generalia specialibus non derogant; lessee's locus standi to attack expropriation.	30 March 1946