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Citation
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Judgment date
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| December 1948 |
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Appeal dismissed; magistrate’s finding that respondent had possession/ownership of attached cows upheld.
Execution — Attachment of movable property — Presumption that goods in a person’s possession are theirs — Rebuttal by evidence of purchase, payment and ostensible ownership — Weight of family declarations and failure to call vendor as witness — Standard of review of magistrate’s factual findings.
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14 December 1948 |
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13 December 1948 |
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Commissioner may recalculate prewar taxable income for excess-profits duty despite prior final normal-tax assessment.
Tax law – excess-profits duty – prewar "basic profit" – meaning of "taxable income as determined for purposes of normal tax" – power to reopen/raise assessments under s.66 – applicability mutatis mutandis via s.18 – limits of s.77(7) finality. |
9 December 1948 |
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Contract construed to make Administration liable for labour-cost increases from industrial agreements coming into force after tender date.
Contract interpretation – construction of clause shifting rise or fall in labour costs – whether qualifying words refer to 'industrial agreement' or 'amendment of the Act' – liability for increased wages from industrial agreements coming into force after tender date – distinction between wage determinations and industrial agreements.
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9 December 1948 |
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Whether clause 10 legacies vest at the testator's death or only at the death of the surviving spouse.
Wills — Construction — Vesting of legacies — Whether legacies in residuary clause vest on testator's death or on death of surviving spouse — Use of differing terms ("predecease" v. "failure") as indication of testator's intention — Effect of usufructuary life interest and trusteeship on vesting inference.
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9 December 1948 |
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A statement that police told a witness the accused admitted guilt can be admissible to explain identification certainty and need not vitiate conviction.
Criminal law — identification evidence — admissibility of witness’s statement that police told him accused admitted guilt — hearsay and confession rules — distinction between evidence elicited by prosecution and by accused — special entry and appellate interference.
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7 December 1948 |
| November 1948 |
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A purchaser did not acquire the vendor’s right to cancel a lease before transfer; conditional receipt of payments did not waive cancellation rights.
Property/Lease law – forfeiture clause – effect of unauthorised sub‑letting – purchaser’s rights under deed of sale versus vendor’s right to cancel – waiver, election and lapse of time – interpretation of “at once” in forfeiture clause – discretion to grant time to vacate on ejectment.
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30 November 1948 |
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Absence of express statutory exclusion permits appeal to Appellate Division; a momentary forgetfulness was not contributory negligence.
Workmen's Compensation Act — s.25(7) — Commissioner and assessors as "inferior court" under s.105 — right of appeal to Appellate Division after leave — statutory construction of finality language; Employer negligence — unguarded machinery — entitlement to increased compensation; Contributory negligence — momentary forgetfulness not culpa under reasonable-man standard.
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23 November 1948 |
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Conviction for supplying a forged testimonial set aside due to trial misdirections and unreliable accomplice evidence.
Crime — Forgery and uttering — s.3 Act 15 of 1856 (Cape) — scope of “utter” where forged testimonial is given to servant aware of falsity — accomplice evidence and need for caution — misdirection on material facts and inadmissible hearsay affecting credibility — conviction set aside.
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19 November 1948 |
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Long acceptance of late rent can modify a lease or create estoppel, preventing ejectment under statutory protection.
Contract modification by conduct/acquiescence; estoppel by long-continued acceptance of defective performance; landlord-tenant law; statutory protection of occupiers (s.2(d), Act 53 of 1947); duty to notify change of enforcement attitude; forfeiture for non‑payment of rent.
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16 November 1948 |
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Possession presumes ownership; claimant asserting title in interpleader must prove ownership, and evidence showed a loan/pledge, not sale.
Civil procedure — Interpleader — Onus of proof — Possession presumes ownership; interpleader form does not displace common-law burden — Transaction characterization — sale v. loan and pledge — hire-purchase not automatically transferring ownership.
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9 November 1948 |
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Conviction for buying diamonds upheld despite police agents never intending or actually delivering the goods.
Criminal law – Offence of buying – Contract of sale and payment to undercover police agents – Seller’s lack of intention to deliver and non-delivery – Conviction upheld.
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9 November 1948 |
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Whether correspondence and a payment constituted a binding acceptance or merely a counter-offer and payment on account.
Contract formation – correspondence and counter-offer; offer and acceptance in contractual negotiations; interpretation of architects' fee agreements and payments on account; proof of alleged verbal agreement; credibility findings.
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8 November 1948 |
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Summary dismissal upheld where senior union official made unauthorized purchases, misrepresented negotiations, and ran undisclosed personal egg/poultry dealings.
Labour law – wrongful dismissal – fiduciary duties of senior union official – unauthorized agency transactions; misrepresentation and alteration of minutes as misconduct; employee’s onus to prove innocent explanation where employer proves prima facie secret profit or misconduct. Civil procedure – set-off and reconvention – recoverability of loan advanced under claimed security; effect of ratification/approval by committee on employer’s right to dismiss.
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5 November 1948 |
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Emergency‑camp rules (approved by Governor‑General) validly authorize site accommodation charges and penal enforcement; appeal dismissed.
War Measures Act – emergency camps – construction of “accommodation” – delegated legislation approved by Governor‑General – municipal power to levy fees for camp accommodation/services – criminal sanctions to enforce civil obligations – sentencing powers (imprisonment with/without hard labour).
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1 November 1948 |
| October 1948 |
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An agent who effectively causes a sale is entitled to commission even if another agent completes the formalities.
Agency law – commission – mandate to find purchaser – effective cause of sale – multiple agents – customary commission (2½%) – failure to call purchaser – adverse inference.
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14 October 1948 |
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Communal religious staff quarters primarily for devotional observance are not "exclusively" used for school purposes and are not rate‑exempt.
Rating law – exemption from rates – s.137(4) Ordinance 10 of 1912 – "used exclusively for public schools" means use primarily directed to improvement/training of scholars; communal religious staff quarters whose main purpose is devotional seclusion are not exempt – necessity or convenience for a particular type of school insufficient to make use educational.
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13 October 1948 |
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13 October 1948 |
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Cessation of work caused by employers' refusal to re‑employ on old terms was a lock‑out, allowing deferred‑wage withdrawals.
Labour law – strike v. lock‑out – interpretation of Industrial Conciliation Act definitions – effect of s.64 application – deferred wages plan entitlement to unemployment withdrawals where lock‑out.
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13 October 1948 |
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Insurance premiums against loss of profits and standing charges are revenue deductions under s.11(2)(a), not excluded by s.12(g).
Tax — Income Tax Act — s.11(2)(a) deductions — premiums for loss of nett profits and standing charges — revenue v. capital — s.12(g) exclusion inapplicable — interaction with s.12(c) and capital recoupment provisions s.20.
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6 October 1948 |
| August 1948 |
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The applicants’ appeal was dismissed; circumstantial evidence and timeline established guilt for murder.
Criminal law – Murder – Circumstantial and direct evidence – Identification and timeline of movements – Post‑mortem skull fractures and pick‑axe injury – Weight of evidence despite investigative omissions.
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15 August 1948 |
| June 1948 |
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A will remitting rent for one year continues an existing tenancy; acceptance is not novation without clear election or waiver.
Succession and leasehold — construction of bequest of "free use for one year" — remission of rent versus grant of usus/habitati — election/waiver requires proof of knowledge and intention — validity of notice to quit.
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26 June 1948 |
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Court upheld conviction for arsenical murder on strong toxicological and circumstantial evidence; no misdirection or irregularity found.
Criminal law – murder by poisoning – circumstantial and toxicological evidence – proof of cause and multiple arsenic ingestions – exclusion of self-administration – admissibility of evidence of deceased's prior transactions and possible motive – onus of proof not shifted – refusal of special entries under s.370.
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25 June 1948 |
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Accused's belief may amount to an extenuating circumstance; death sentence set aside and case remitted for re-sentencing.
Criminal law – Murder – Extenuating circumstances – Whether accused's belief that deceased (and spouse) caused children's illness/death can constitute extenuating circumstance under s.206(2) Criminal Procedure Act – Appellate intervention; sentence set aside and remitted for re-sentencing.
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25 June 1948 |
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An administrative appellate board may fully substitute a local board's decision and grant applications in part.
Administrative law – Appeal from local administrative board – Statutory power to confirm, vary, set aside or substitute decisions – Appellate board’s full jurisdiction under s.6(2) – Power to grant applications in whole or in part – Limited judicial review of administrative merits-based decisions.
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22 June 1948 |
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Whether there was legal evidence to convict the accused of murder for jointly slaughtering a clan.
Criminal law – Murder – sufficiency of evidence for conviction – joint enterprise/common purpose – self-defence rejected – adverse inference from accused's silence – trial judge with assessors delivering judgment.
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19 June 1948 |
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16 June 1948 |
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An option to purchase for cash is generally cessionable and a telegram acceptance can satisfy the writing requirement for land sale.
Property law – Option to purchase – nature of option as assignable right – cession of pactum de retrovendendo; Civil procedure – pleadings and exception for failure to disclose cause of action; Statutory formalities for sale of immovable property – writing and signature requirement (Ordinance 12 of 1906, O.F.S.) – telegram as sufficient notification of acceptance; Agency – 'per procurationem' signature construed as agent's representation of authority; Misconduct/dolus in assignment to a straw party actionable.
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16 June 1948 |
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Alterations did not change premises’ identity under rent‑control regulation; conviction and sentences affirmed.
Statute/regulatory interpretation – rent‑control – identity of premises after alterations – test one of degree; Criminal law – mitigation – reliance on legal advice requires proof and opportunity for inquiry; Sentencing – increased legislative maximums reflect seriousness, appellate court will not disturb reasonable sentences.
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16 June 1948 |
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A court must join a third party who has a direct substantial interest before resolving pleas or exceptions that will decisively affect that party’s servitude rights.
Property law – servitude – unregistered verbal agreement – doctrine of notice – effect of Transvaal Transfer Duty Proclamation (s.30) on verbal servitude agreements – joinder of third party with substantial interest required before deciding pleas or exceptions affecting that third party’s rights.
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11 June 1948 |
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Whether a registered servitude described in 1898 related to dam X or another dam; appeal dismissed with costs.
Property law – servitudes – interpretation of historical title-deed descriptions – onus to prove registered servitude – admissibility and weight of later transfer deed and diagram – appellate application to adduce further evidence.
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8 June 1948 |
| May 1948 |
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A payment into court under Rule 38 without admitting liability does not entitle the plaintiff to judgment if liability is not proved.
Civil procedure – Rule 38 payment into court – Effect of payment without admission of liability – Distinction between payment into court and tender – Court’s duties where plaintiff fails to prove liability – Repayment and costs orders.
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26 May 1948 |
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A notice of appeal must attack the order, not just the reasons; a defective notice can be struck off with costs.
Civil procedure – Appeal procedure – Notice of appeal must challenge the substantive order, not merely the reasons for judgment; defective notice may be struck off the roll; courts may award costs even when defect is raised mero motu.
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26 May 1948 |
| April 1948 |
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Appeal dismissed: court upheld finding that engine had pre-existing crack causing water in oil at time of sale.
Contract — sale of goods — warranty 'in sound working order' — latent defect alleged to exist at time of sale; Evidence — credibility of eyewitnesses vs contemporaneous reports; Expert evidence on oil-water emulsification — relevance and limits; Overhaul and delivery procedures — inference as to pre-existing defect; Appellate review of factual credibility findings.
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7 April 1948 |
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Registration of a similar mark to a prior trade mark for chewing gum was refused because it was likely to cause confusion.
Trade marks – "calculated to deceive" construed as "likely to deceive"; likelihood of confusion judged from viewpoint of ordinary purchaser; allowance for imperfect recollection and subsequent encounter; greater protection where the registered mark is unfamiliar or appears invented; registration refused where later mark is likely to cause confusion.
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5 April 1948 |
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Departure alone did not show renunciation of contractual share; defendant failed to prove forfeiture, so judgment entered for the plaintiff.
Contract law – joint venture for crop proceeds – alleged forfeiture by departure – effectiveness of termination letters – estoppel by silence – burden of proof and evaluation of credibility.
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5 April 1948 |
| March 1948 |
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Applicant liable for breach of implied fitness and negligence for leaving poisonous hand‑dressing causing cattle deaths.
Contract — implied term that supplied materials be fit and non‑injurious; Evidence — determination whether injury caused by pure poison or wrongly prepared mixture; Negligence — liability for leaving hazardous substance accessible; Contributory negligence — not established.
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31 March 1948 |
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Consent order containing essential lease terms binds parties; lessee remaining in possession owes contractual rent despite landlord's breach.
Contract/Lease — Consent paper made an order of court; essentials of lease contained in consent — Formal written lease not essential; repudiatory breach by landlord — Lessee remaining in possession liable for contractual rent — Quantum meruit not obligatory — Date for rent liability is actual vacation of premises — Claim for movables in absence of inventory not sustained as separate defence.
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30 March 1948 |
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Appellate court affirms convictions for over‑pricing and defeating justice; sentence adjusted to one month without hard labour.
Criminal law – War Measures / price control offence – sale above statutory maximum; Criminal law – attempt to defeat course of justice – fabrication of document; Evidence – credibility of witnesses closely involved in transaction (potential accomplices) – cautionary approach; Appellate review of factual findings – interference only if trial court ought to have had reasonable doubt; Sentence – consideration of ill-health and form of custodial order (with/without hard labour).
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25 March 1948 |
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Companion's voluntary admission and circumstantial medical evidence proved murder, but a sudden jealous rage constituted extenuating circumstances.
Criminal law – Murder – Admissibility and weight of extra-judicial admissions to third parties – Voice identification reliability – Circumstantial and medical evidence of strangulation – Extenuating circumstances where killing occurred in sudden fit of temper.
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25 March 1948 |
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Court upheld validity of a new committee election and dismissed challenge to its appointed delegates, allowing interdict application to proceed.
Associations law – internal elections and representation – validity of election inferred from agreement and conduct – resignation by conduct – locus to seek interlocutory relief – prematurity of application.
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23 March 1948 |
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Section 13 bars duplicate recovery from owner when insurer can pay but does not preclude suing owner for damages in excess of insurer's statutory limit.
Motor Vehicle Insurance Act 1942 s.13 — Interpretation of "compensation" and "loss or damage" — Effect on common-law right to recover full damages — Compulsory insurance limits insurer liability but does not absolve owner of excess liability — Presumption against altering existing rights.
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18 March 1948 |
| February 1948 |
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Accused engaged in a common plan to rob using dangerous weapons were liable for a fatal stabbing by a co-participant as a foreseeable consequence.
Criminal law – Common purpose – Parties to a common design liable for lethal result if death falls within scope or contemplated consequences of the plan – Means used by individual perpetrator may differ from those foreseen by others – Participant without weapon or personal injury still liable.
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12 February 1948 |
