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Citation
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Judgment date
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| December 1950 |
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Court quashed many theft/fraud convictions; clarified incitement and director‑interest disclosure rules under company law.
Criminal law — theft and fraud in corporate share dealings — mens rea and temporary takings; Incitement (s15(2)(b)) — requires incitee’s act to be criminal as to incitee; Companies Act — s70 quin (duty to declare director’s interest) applies where contract is considered at directors’ meeting; s84 (company may not commence business before Registrar’s certificate) — responsibility of those who cause premature commencement; s225 ter — publishing false company statements requires party to publication; s384(7) — burden shifts to partner charged only as partner.
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15 December 1950 |
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Applicant’s challenge to a magistrate’s War Measure removal order dismissed; magistrate’s inquiry, factual findings and discretion upheld.
Administrative law; War Measure/Proclamation 76 of 1944 (as amended by Act 48 of 1948) – magistrate’s discretionary power to order removal – scope of review of magistrate’s factual findings – procedural fairness in removal inquiries – review for unreasonableness/bad faith.
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11 December 1950 |
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A municipality may not use public funds and staff to run a polling campaign opposing a lawful central government decision; such expenditure is ultra vires.
Municipal law — Ultra vires expenditure — s.171(15) Municipal Act — postal questionnaire/poll not necessary for carrying out statutory municipal purposes — municipal resources may not be used to campaign against central government decisions — Governor's power to determine incidental purposes.
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11 December 1950 |
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Registered alienation restrictions for siblings and contingent descendant rights cannot be removed by purchasers’ mutual waiver affecting future descendants.
Property law – pactum modale qualificatum/fideicommissum – registered restriction on alienation in favour of siblings – pre-emptive right and contingent succession share for descendants – scope of waiver/renunciation by purchasers and guardian – Registrar of Deeds’ refusal to remove conditions.
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9 December 1950 |
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Political criticism in a newspaper article was not reasonably capable of the defamatory, personal imputations alleged by the appellant.
Defamation — interpretation of allegedly defamatory words — objective reasonable‑reader test; political criticism and fair comment — imputation of moral turpitude or tyranny must be a reasonable meaning of words; costs — trial court’s discretion to allow preparation of supporting documents (Hansard, speeches) not lightly displaced.
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5 December 1950 |
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Statutory insolvency provisions apply mutatis mutandis to judicial management, so interest is payable at six percent per annum.
Companies Act — judicial management — application of Insolvency Act mutatis mutandis; Interest on unsecured claims under judicial management — s103(2) Insolvency Act prescribes 6% unless higher lawful written stipulation.
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5 December 1950 |
| November 1950 |
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Summary contempt procedure was irregular and contrary to natural justice where appellant was not informed of the charge or allowed legal assistance.
Contempt of court — summary punishment — applicability of section 65 (as applied by s.252) to subpoenaed witnesses only — requirement to inform accused of charge and particulars — right to legal assistance and opportunity to prepare defence — natural justice breached where accused cross‑examined and summarily fined without notice.
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27 November 1950 |
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Appeal dismissed: plaintiff failed to prove driver’s negligence and/or was precluded from recovery for leaving an unlit obstruction in the road.
Motor-vehicle collisions — Night-time visibility — Duty to stop within range of vision is not absolute; negligence depends on circumstances and foreseeability. Contributory negligence — Attended unlit obstruction on roadway may bar recovery. Causation — ‘Last opportunity’ rule and Butterfield-type exceptions limited where plaintiff creates continuous danger. Evidence — Onus on plaintiff to prove defendant driver’s negligence.
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27 November 1950 |
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A civil marriage by a partner during a customary union constitutes desertion, permitting the customary wife to leave without lobola refund.
Native/customary unions – Civil marriage during subsistence of customary union – Whether civil marriage constitutes desertion – Lobola (dowry) restitution – Construction of s.22 Native Administration Act 1927 ('material rights' limited to property/estate rights).
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27 November 1950 |
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Spoken defamation (injuria verbis) remains a criminal offence in Southern Rhodesia when serious, and the conviction was proper.
Criminal law — Defamation — injuria verbis (spoken slander) — Roman‑Dutch law preserved — Act 46 of 1882 does not abolish criminality of verbal defamation — prosecutions generally limited to serious/aggravated cases affecting State or community.
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27 November 1950 |
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A buyer induced by sellers' fraudulent misrepresentation of land extent is entitled to damages equal to price minus fair value.
Sale of immovable property – fraudulent misrepresentation as to extent of land – silence after inducing false impression – 'no warranty' clause does not protect against fraud – measure of damages where buyer retains property: difference between price paid and fair value at time of contract.
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27 November 1950 |
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Evidence of similar conduct in separate incidents is admissible to show common design and support theft convictions.
Evidence — admissibility of acts in other incidents — where probative of common design or to rebut innocent explanation evidence of other counts is admissible; Theft — shoplifting by pretence to buy; Exclusionary rule against proof of other crimes does not bar relevant non‑propensity evidence.
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10 November 1950 |
| October 1950 |
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Whether a wholly suspended sentence qualifies as "sentenced to imprisonment" for deportation under s.22 of the Immigration Act.
Immigration law — s.22 Act 22 of 1913 — construction of "has been sentenced to imprisonment" — effect of wholly suspended sentence — deportation of foreign‑born convicted persons — scope of Ministerial discretion and judicial review — relevance of "circumstances of the offence" (including police traps).
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17 October 1950 |
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Appellate Division lacks inherent criminal-review jurisdiction; prior judicial writings alone do not disqualify a judge for bias.
Criminal procedure — Jurisdiction of Appellate Division to review superior court criminal trials — Statutory remedy by special entry (s.370) and power to set aside for failure of justice (s.374); Judicial bias — Prior publications and political association do not alone disqualify; bias must be connected to the litigation.
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11 October 1950 |
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Jury’s post-verdict answers on extenuation did not convert or amend a duly recorded general murder verdict.
Criminal law — jury verdicts — general verdict recorded by jury — only jury may amend verdict (s211) — judge’s discretion to ask jury to reconsider where verdict may be accidental or mistaken — supplementary answers on extenuating circumstances do not alter a valid general guilty verdict — sections 205, 206, 209, 211 Criminal Code.
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9 October 1950 |
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Medical examination, police observations and driving conduct sufficed to prove driving under the influence; appeal dismissed.
Criminal law — Driving under the influence — Proof of intoxication by conduct, contemporaneous witness observations and medical examination; Amendment of record in criminal proceedings — applicant must show on balance of probabilities that complaint about record is well founded; Appellate deference to magistrate’s credibility findings.
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5 October 1950 |
| August 1950 |
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Circumstantial evidence and co-prisoner confessions can establish the corpus delicti and convict the applicant for murder.
Criminal law – murder – proof by circumstantial evidence – corpus delicti – confessions to co-prisoners – s.286(2) Act 31 of 1917 – admissibility and weight of prisoner confessions – credibility of native witnesses.
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15 August 1950 |
| July 1950 |
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Appeal against murder conviction and death sentence dismissed: credible eyewitness identification, failed alibi, no extenuating mental condition.
Criminal law – Murder – Appeal against conviction and death sentence – Credibility of eyewitness evidence – Failure of alibi – Repeated stabbing as indicium of deliberate action not necessarily of abnormal mental state – Psychiatric observation and age evidence relevant to extenuation.
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28 July 1950 |
| June 1950 |
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Whether voters' consent under Ordinance s.179(4) is to borrowing generally or to expenditure on the precisely described works.
Municipal law – Ordinance No. 10 of 1912 – Interpretation of ss.179 and 180 – Scope of voters' consent under s.179(4) – Whether consent is to borrowing generally or to expenditure on specific works – Administrator's approval under s.179(3) – Lender protection and councillors' joint and several liability.
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19 June 1950 |
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Conviction set aside because appellant's confession was likely induced by police promises of advantage and therefore inadmissible.
Criminal law – admissibility of confessions – voluntariness – undue influence/inducement by police – burden on prosecution to prove freedom from undue influence – confession as cornerstone of conviction – conviction set aside where confession tainted.
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19 June 1950 |
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Pointing out a crime scene forming part of a confession to a peace officer is inadmissible; conviction based on such evidence set aside.
Criminal law – Confessions and admissions – Whether pointing out scene or objects amounts to a confession – Admissibility of statements or conduct forming part of a confession (s.273, Act 31 of 1917) – Proof of guilt by possession of suspected stolen goods.
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19 June 1950 |
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Minister’s personal deeming valid when embodied by authorised officer; no requirement to state detailed reasons; appeal dismissed.
Immigration law — Deportation under s.22 Immigrants Regulation Act — Regulation 26 requirement that Minister’s opinion be embodied in document — Minister’s personal decision may be embodied and signed by authorised officer under s.23(2) — No requirement to set out detailed reasons in deeming document — Administrative discretion reviewable only for mala fides.
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16 June 1950 |
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Appeals against heavy sentences for large-scale stock‑exchange falsity dismissed; trial judge properly exercised sentencing discretion.
Criminal law – Falsitas – Large-scale, long-running stock-exchange fraud – Sentencing – Principles: deterrence, public confidence, scale and planning – Relevance of acquitted/withdrawn counts – Mitigation and subordinate participation – Appeal against severity of sentence.
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16 June 1950 |
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A Native Commissioner’s peremptory instruction to attend an inquiry is a lawful order; failure to attend is an offence under s2(9).
Criminal law – Administrative orders – Section 2(9) of Act 38 of 1927 (as amended) – Whether an instruction by a Native Commissioner to attend an inquiry is an "order" – Failure to attend as disobedience punishable by penal sanction.
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15 June 1950 |
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Seller cannot cancel sale for buyer's failure to provide banker's guarantee absent notice of readiness to lodge transfer.
Sale of immovable property – option exercised – banker's guarantee – mora – seller must notify proposed lodgement date before demanding guarantee – demand without readiness ineffective – cancellation for mora invalid where buyer never in mora.
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13 June 1950 |
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A written restriction on sale by mutual consent binds a liquidator and cannot be unilaterally terminated by one co-owner/partner.
Partnership/property law – effect of written settlement clause restricting sale of immovable property – whether such clause binds liquidator or is terminable by unilateral notice – pre-emption rights enforceable on winding-up.
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12 June 1950 |
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Occupier's rights in church settlement were precarious (precarium), permitting lawful termination by amended regulations and ejectment.
Property law – Settlement scheme rights – licence (precarium) v lease – effect of regulatory clause reserving unilateral amendment – ejectment on motion permissible where dispute is legal not factual.
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11 June 1950 |
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Defendant's plea set aside as vague and embarrassing; exception upheld and leave granted to replead.
Civil procedure — Pleadings — Exception for vagueness and embarrassment — Plea must be clear and unequivocal; particulars will not cure an unintelligible plea — Written contract clause requiring written variation and parol rescission (discussed but not decided).
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6 June 1950 |
| May 1950 |
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Circumstantial evidence established the appellant as mother and killer of the newborns; appeal dismissed.
Criminal law – circumstantial evidence – proof of maternity and guilt by inference – alternative hypothesis must be reasonably possible to avoid conviction; accused’s failure to testify as admissible factor; distinction between murder and culpable homicide with regard to postpartum mental state.
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30 May 1950 |
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No appeal lies to Appellate Division under s77; Provincial Division validly remitted Registrar's decision; appeal struck off.
Administrative law — statutory appeal under s16 and s77 of Act 36 of 1937 — distinction between appeal and review — provincial division’s power to set aside Registrar’s decision and remit for reconsideration — locus standi of registered trade unions (material date for registration).
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29 May 1950 |
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Whether payments labelled as "deposit" were recoverable as security for future licence fees when no licence was issued.
Local government by‑laws – licence fees for trade – receipts described as "deposit" – whether payments were security deposits for future retrospective licences – burden of proof on claimant to show payments were accepted as security – no licence issued where application not completed – claim for refund dismissed.
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29 May 1950 |
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22 May 1950 |
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Whether a provincial administration is bound by a statutory‑authorised fixed‑term employment contract.
Administrative law — Crown contracts and employment — Crown Liabilities Act 1910 — Public Service Act s.16 (Act 27 of 1923) — authority to employ 'under contract for a limited period' — enforceability of fixed‑term contracts with the Provincial Administration.
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22 May 1950 |
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Appeal against awards for future loss of earnings and general damages dismissed; trial judge’s assessments upheld.
Delict/negligence – motor-vehicle accident – assessment of future loss of earnings – basis for estimating future earnings where plaintiff partially disabled – reliance on factual findings and counsel concessions – use of discounting/tables without actuarial evidence – award for pain and suffering and judicial notice of currency devaluation.
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19 May 1950 |
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Trustees assessed as representative taxpayers — capital for pre-war standard must be apportioned by beneficiaries' profit shares.
Income tax — Excess profits duty — Representative taxpayer (trustee) assessed only in representative capacity — Pre-war standard — Capital employed apportioned among beneficiaries by reference to profit shares (partner analogy; Hamilton v CIR).
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16 May 1950 |
| March 1950 |
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The court upheld the applicant’s account, found the respondent negligent with the last opportunity to avoid the collision, and affirmed damages.
Road traffic accident — credibility of plaintiff’s evidence on distances and timings — absence of explanatory evidence from defendant — court may accept plaintiff’s version where alternatives are not equally open — last opportunity to avoid collision — damages for permanent incapacity and loss of amenities.
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31 March 1950 |
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A prisoner has no absolute right to personal attendance on appeal; appointment of counsel and dismissal of the appeal were proper.
Criminal appeal — Right of prisoner to personal attendance on appeal — Appointment of pro deo counsel for appellant in custody — Amendment of indictment — Reservation of point of law and special entry after appeal dismissed — Admissibility of police witness evidence.
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21 March 1950 |
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A licensing board may grant a certificate if the existing business will cease before the licence operates; conditional alterations are valid.
Liquor licensing — Liquor Act 30 of 1928 — s.69(2) construed: "grant" means authorising issue of licence to operate in future; board may consider future cessation of other trade; conditional grant valid; s.68 and s.79 empower requirement that premises be altered to separate licensed area.
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16 March 1950 |
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Appeal dismissed: magistrate reasonably accepted railway witness, visibility tests supported finding, third‑party planting improbable.
Criminal law — conviction based on eyewitness and circumstantial evidence — assessment of witness credibility; magistrate's omission to note findings on a point not necessarily a rejection of evidence; nighttime visibility tests and in‑court inspection; improbability of third‑party planting of evidence.
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9 March 1950 |
