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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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Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
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https://www.supremecourtofappeal.org.za/
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December 1947
Beerman and Another v R (69/47) [1947] ZASCA 4 (11 December 1947)
An employee expressly excluded from a Wage Determination is not 'regulated' by it; the Shops and Offices Act therefore applies.
Statutory interpretation – Shops and Offices Act s.2(4)(a) – meaning of 'regulated' – Wage Determination exclusion clause – employee expressly excluded from determination not 'regulated' thereby – exemption not to be read as indirect regulation.
 11 December 1947
Pretoria Garrison Institutes v Danish Variety Products (Pty) Limited (17/47) [1947] ZASCA 18 (11 December 1947)
Whether an order compelling particulars is appealable and whether an appeal against costs permits review of the substantive interlocutory order.
Civil procedure — Magistrates’ Court — Order compelling particulars — Interlocutory procedural order — Appealability under s.83(b) — Test: whether order disposes of an issue or irreparably anticipates relief — Appeal against costs — appellate inquiry into correctness of substantive interlocutory order — costs principles.
 11 December 1947
S v Makeip (126/47) [1947] ZASCA 1 (11 December 1947)
Trial court may compare physical exhibits using ordinary visual and measuring aids; complex experiments require party participation.
Evidence — Trial court’s inspection and simple experiments on physical exhibits; use of magnifying glass and measuring devices; role of judge versus expert; procedural fairness when court undertakes investigations not pursued by parties.
 11 December 1947
Hargovan and Another v R (44/47) [1947] ZASCA 2 (8 December 1947)
Overlap between "foodstuff" and "farming requisite" definitions does not invalidate a Controller's lawful order to deliver rice.
Administrative law; statutory interpretation — overlapping regulatory powers; Regulation 5 (foodstuffs) v Regulation 6 (farming requisites); validity of Controller's requirement; Regulation 10 forfeiture; criminal liability for failure to comply with regulatory order.
 8 December 1947
Mahomed v Padayachy (50/47) [1947] ZASCA 14 (8 December 1947)
Whether a power to borrow 'under security' restricts an agent from borrowing unsecured; held it does not if agent acted within actual authority.
Agency — Power of attorney — Construction of power to borrow money — 'Under security of property movable or immovable' construed as permissive, not restrictive — Signature by procuration and actual authority (Bills of Exchange Proclamation s.23) — Principal liable on cheques where agent acted within actual authority — Denyssen v Botha considered.
 8 December 1947