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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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4 judgments
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June 1947
Diamond v Kernick (1/47) [1947] ZASCA 12 (20 June 1947)
Ambiguity of "straight commission" defeated applicant's claim for commission for lack of consensus ad idem.
Contract law – agency mandate – construction of ambiguous term "straight commission"; consensus ad idem; evidentiary weight of disputed letters; commission on purchase price v. commission on cash receipts; entitlement to commission after termination; hotel expenses claim.
 20 June 1947
R v Morela (11/47) [1947] ZASCA 8 (20 June 1947)
Expert fingerprint evidence and common purpose allowed conviction for murder despite no proof the accused fired the fatal shot.
Criminal law – Evidence – Fingerprint expert testimony – court entitled to act on expert’s comparison without itself perceiving every point of identity but must be satisfied it can safely accept expert; Criminal law – Common purpose – conviction for murder may stand though accused did not personally fire fatal shot where accomplices shared and contemplated use of weapon.
 20 June 1947
Barrett v Macquet (7/47) [1947] ZASCA 10 (4 June 1947)
Magistrate’s discretion under s.11(2) is limited to statutory qualification, non-disqualification and fitness to hold the licence.
Liquor licensing — foreign liquor licence (s.11(2)) — magistrate’s powers limited to checking statutory qualification and non-disqualification and ensuring applicant is fit and proper — no broad discretion to refuse based on public-need or anti-competition considerations — right to be heard before refusal.
 4 June 1947
Brookes Lemos Limited v Commissioner for Inland Revenue (12/47) [1947] ZASCA 15 (4 June 1947)
Deposit fees on returnable bottles are taxable as gross income, not trust or capital receipts.
Income tax – Gross income – Deposit fees on returnable glass containers – Whether deposits are trust/security or taxable receipts – Capital v. revenue – Statutory construction; deposits held and used by trader are revenue receipts.
 4 June 1947