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Citation
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Judgment date
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| December 1953 |
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Accused convicted of housebreaking and theft on credible police identification; declared an habitual criminal and sentenced under the statute.
Criminal law – Housebreaking with intent to steal and theft – Identification evidence – credibility of police witness – adjoining yards and potential for mistake – accused’s explanation that he had a right to be in the yard – Habitual Criminals Act; mandatory sentencing where prior convictions exist.
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27 December 1953 |
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Club rules do not create enforceable renewal rights in non-members; registration of racing colours is discretionary and not contractual.
Club law — Voluntary association rules — Registration of racing colours — Whether rules create contractual rights for non-members — Renewal is discretionary under rule 181 — No automatic right to re-registration or to a hearing.
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13 December 1953 |
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Vendor’s duty to guarantee quiet possession accrues on eviction; Statute of Frauds defence must be pleaded; appeal dismissed with costs.
Property law – sale of land by verbal agreement – Natal Law 12 of 1884 (Statute of Frauds) – must be pleaded to be relied upon; Prescription Act 1943 s.3, s.5, s.6 – accrual/knowledge: vendor’s breach of warranty of quiet possession accrues on eviction; quantum fixed by counsel’s admissions.
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12 December 1953 |
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Appeal dismissed: trial court’s findings of engagement, seduction and paternity upheld; damages and maintenance awards affirmed.
Family & contract law — breach of promise to marry and seduction (defloration) — corroboration of complainant’s evidence by correspondence, engagement ring and witnesses — admissibility/effect of newly discovered facts (respondent’s subsequent marriage) on appeal — assessment of quantum and maintenance — costs for adjournment.
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11 December 1953 |
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Joining a murderous assault while the victim is alive renders the accused guilty of murder.
Criminal law – Murder – Common purpose – Liability of a participant who joins a murderous assault while the victim is still alive – Proof of life sufficient; medical proof of absence of prior mortal injury unnecessary – evidentiary difficulties where body burned and multiple assailants.
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11 December 1953 |
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Whether a judge's post‑conviction inquiry into the appellant's prior convictions when assessing extenuating circumstances prejudiced the appellant.
Criminal law – murder – joint enterprise/common purpose – sentencing and extenuating circumstances – enquiry into accused's prior convictions after conviction – admissibility/relevance of previous convictions (including those after the offence) left open.
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11 December 1953 |
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A claim to recover land is not prescribed if wrongful possession continues; prescription runs from present possession, not initial entry.
Prescription — s.64(1) Railways and Harbours Act 22 of 1916 (as amended) — cause of action for recovery of land — continuing wrongful possession giving rise to moment-to-moment causes of action — distinction from single breach/damage cases; effect of alleged invalid expropriation on prescription.
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8 December 1953 |
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Mutual error in historic transfers corroborated long possession, permitting the respondent to establish acquisitive prescription.
Property law – Acquisitive prescription – Continuous, exclusive possession since 1902 – Effect of mutual error in historic sale and transfer deeds on prescriptive claim – Onus and quality of evidence required to attack registered title – Credibility assessment of long user evidence.
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7 December 1953 |
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Police witness statements prepared for prosecution are privileged and not automatically producible to the accused; appeal dismissed.
Evidence — Police statements of Crown witnesses — Privilege against disclosure of materials prepared for prosecution — No automatic right of accused to production during trial; protected until conclusion of proceedings — Prosecutorial duty to disclose serious discrepancies between statement and in‑court evidence.
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4 December 1953 |
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Whether a farmer may deduct construction costs for an employee's residence under paragraph 17(1)(f); appeal dismissed.
Tax law — Interpretation of paragraph 17(1)(f), Third Schedule — "erection of buildings used in connection with farming operations other than those used for domestic purposes" — whether "domestic purposes" limited to taxpayer — capital expenditure — strict construction of taxing statutes — prior administrative practice not overriding clear statutory meaning.
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3 December 1953 |
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Court may hear appeal despite appellant's absence; corroborated accomplice evidence can sustain conviction.
Criminal appeal — discretion to hear in appellant's absence; accomplice evidence — cautionary rule and requirement of corroboration; corroboration by physical evidence and accused's conduct; convictions for reckless driving and unlawful conveyance of dagga upheld.
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3 December 1953 |
| November 1953 |
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Recent prior corporal punishment and closely timed offences constituted special circumstances to suspend further whipping.
Criminal law – Corporal punishment – Whipping mandatory under s.338 (as amended) – Suspension permitted for 'special circumstances' under s.4, Act 33 of 1952 – Meaning of 'special circumstances' – Record must show reasons – Appellate modification of sentence where trial judge mistaken.
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23 November 1953 |
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Misdirection about a late alibi and alleged inconsistency with preparatory‑examination questions amounted to irregularity; conviction set aside.
Criminal law — Summing-up — treatment of alleged alibi and its late disclosure at preparatory examination — improper suggestion of inconsistency between preparatory-examination cross‑questions and trial evidence — misdirection leading to failure of justice; conviction and sentence set aside.
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23 November 1953 |
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Deportation under the Immigration Act is an executive discretion and not a proper sentencing consideration; leave to appeal refused.
Appeal procedure – distinction between 'civil case' and other proceedings – Sec. 104/106 amplification – leave to appeal under Sec. 105; Criminal procedure – extension of time to note appeal – reasonable explanation requirement; Sentencing – whether administrative consequence of deportation (Immigrants Regulation Act Sec. 22) is a proper sentencing consideration – held not a factor; Separation of judicial sentencing and executive discretion. |
16 November 1953 |
| October 1953 |
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Whether driving at high speed while dazzled by a vehicle’s lights amounts to criminal negligence causing death.
Criminal law — Culpable homicide — Negligent driving — Driver obliged to drive at speed enabling stopping within visible distance — Dazzling lights do not excuse driving too fast for available vision — Credibility findings of trial court upheld.
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10 October 1953 |
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Whether a volunteered remark to a peace officer is a "confession" and whether an eyewitness's testimony was rightly accepted.
Criminal law – admissibility of statements – whether a volunteered remark to a peace officer is a "confession" under s.273(1) (2nd proviso) – witness credibility – appellate review of trial court's acceptance of eyewitness evidence in presence of conflicting medical testimony. |
3 October 1953 |
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Ejectment writ authorising removal of defendant and those claiming under him lawfully authorised messenger to remove lodgers deriving title from tenant.
Magistrates' ejectment warrants – construction of Form 34 – authority to remove defendant and persons claiming through or under him; Lodgers' permits/licences – sub-tenants deriving title from tenant have no greater rights than tenant; Execution by Messenger under warrant lawful; self-help distinguished from court-ordered execution.
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3 October 1953 |
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The trial judge retains discretion to impose death notwithstanding a jury's finding of extenuating circumstances under sections 206 and 338.
Criminal law — Murder — Sentencing — Extenuating circumstances under s.206(2) and proviso to s.338(1) — Meaning of "may" and judicial discretion — Whether jury's specification of extenuation binds sentencing judge — Effect of 1935 amendment to proviso.
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3 October 1953 |
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Applicant failed to prove respondent knew of latent borer infestation; voetstoots protection upheld and appeal dismissed.
Sale of immovable property – voetstoots clause – latent defect (powderpost beetle infestation) – onus on purchaser to prove seller's knowledge of defect – credibility of seller's testimony – expert evidence on insect life‑cycle and variable emergence insufficient to displace trial judge's finding.
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1 October 1953 |
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A newspaper can apologise for republishing another's defamatory words; reports of court testimony lessen reputational harm and affect damages.
Defamation — Publication of others' words by newspapers — Apology by disseminator can mitigate damage; report of witness statements in court proceedings attenuates defamatory impact; assessment of general damages to consider devaluation of money; punitive damages not warranted.
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1 October 1953 |
| September 1953 |
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First appellant's murder conviction upheld (dolus eventualis); second appellant's conviction set aside for lack of evidence of common purpose.
Criminal law – murder – dolus eventualis – act of dangerous character likely to cause death – intoxication not amounting to extenuating circumstance; evidence and credibility – appellate deference to trial court’s assessment; common purpose – conviction unsafe where evidence shows drunken non-participation and reasonable doubt.
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30 September 1953 |
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29 September 1953 |
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Cumulative circumstantial evidence and credible court‑called testimony sustain murder conviction; alleged police coaching not shown.
Criminal law – murder – circumstantial evidence – last seen with deceased – possession and disposal of deceased's clothing – bloodstains on accused's shirt – credibility of late‑called court witness – alleged police coaching – s.370(1) Act 31 of 1917 – appeal dismissed.
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25 September 1953 |
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Appeal dismissed: trial court correctly found an oral contract, proved substitution, and fairly assessed lost-profit damages.
Contract – formation – oral contract for supply of goods – credibility and probabilities; Evidence – substitution of goods after transfer of assets; Damages – lost profits and wasted production costs; Valuation of unfinished goods and materials; Appeal – evaluation of trial court’s credibility findings.
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25 September 1953 |
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Whether rights under a municipal site permit were vested in the purchaser and thus not attachable in execution.
Property law – municipal site/transfer permit – nature and transferability of rights under permit – effect of sale in execution of buildings on site – attachment in execution; Evidence – nominee/beneficial ownership despite permit remaining in registered name.
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23 September 1953 |
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An appellate court may not alter corporal punishment due to circumstances arising after sentencing; remission must be sought from the Executive.
Criminal law – sentence – corporal punishment – timing and deferral – appellate power – post-sentence circumstances – leave to appeal – remission by Executive.
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21 September 1953 |
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Indeterminate sentence improperly imposed without warning or reasons; substituted with three years' hard labour and a warning.
Criminal law – sentencing – indeterminate sentence under s.344(1) of Act 31 of 1917 – not to be imposed as a matter of course – ordinarily requires prior Supreme Court conviction and warning – appellate interference where judge fails to show consideration of relevant factors.
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21 September 1953 |
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Composite drilling tools containing industrial diamonds are not "precious stones" under the statutory Schedule; carrier remains liable.
Carriers' liability — s.30(1) Railways and Harbours Act 22 of 1916 — Fourth Schedule (pearls, precious stones, jewellery) — composite/"worked-up" articles containing scheduled ingredients — statutory interpretation by ordinary meaning — rejection of predominance-by-value/function test.
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19 September 1953 |
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An agent who receives proceeds to account for them and converts them to his own use commits theft.
Criminal law — Theft by agent — Contrectatio/mandate — Proceeds of negotiable instruments received on behalf of principal constitute trust money — Fraudulent conversion to agent’s own use amounts to theft — Subsequent offers of cheque or guarantee do not negate prior conversion.
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14 September 1953 |
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Provincial Division cannot re-open its final criminal decision; evidence supported conviction for attempted carnal intercourse.
Criminal law – Immorality offences – Attempt – Drawing inferences from circumstances (persons found nearly naked in same bed under one blanket) – Proof beyond reasonable doubt – Appellate review and credibility findings – Provincial Division’s competence to re-open its final criminal judgment.
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8 September 1953 |
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Breach of Judges' Rules and confronting co-accused do not automatically render statements involuntary; voluntariness is a factual inquiry.
Criminal law – Confessions and statements – Admissibility – Voluntariness a question of fact – Judges' Rules do not have force of law; breach relevant but not dispositive – No obligation to call additional police witnesses where voluntariness not challenged – Confrontation between co-accused and repetition of statement not per se vitiating voluntariness.
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1 September 1953 |
| August 1953 |
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Court inferred common purpose from possession and conduct, convicting several accused of theft and burglary; one convicted of receiving stolen property.
Criminal law – Theft of motor vehicle – Housebreaking with intent to steal and theft – Inference of common purpose from possession of stolen vehicle and conduct on arrest – Credibility of alibi and kidnap-defence – Receiving stolen property – Circumstantial evidence and flight as proof of guilt.
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26 August 1953 |
| June 1953 |
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Appellant's conviction for theft of sheep upheld on credible witness identifications and an implausible alibi.
Criminal law – Theft of livestock – mixed flocks and identification by marks – credibility of child/herder witnesses – failure to call available witness – sufficiency of alibi – sentence review.
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15 June 1953 |
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A voluntary association may not recover punitive fines by action where the sum is a penalty, not a genuine pre‑estimate of damage.
Contract — Penalty v. liquidated damages — Sum specified or ascertainable on breach — Post‑breach fixing by committee or arbiter — Enforceability of fines imposed by voluntary association committees — Roman‑Dutch and English law principles.
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12 June 1953 |
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Accused's improbable substitution story rejected; possession of recently stolen car warranted inference of theft and conviction.
Criminal law – Theft – Recent possession doctrine – possession of recently stolen motor car and failure to give a reasonably possible explanation – substitution of vehicles alleged but found improbable – conviction upheld.
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11 June 1953 |
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Appeal dismissed: regulation criminalising short-weight bread deliveries valid; charge sufficiently disclosed offence.
Weights and Measures — Regulation 2(b) — Sale by weight — Delivery of short weight an offence (subject to tolerance) — Construction of provisos treating a 'loaf' as 2 lb — Validity and reasonableness of regulation — Relation to s.34(1) Criminal liability.
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10 June 1953 |
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Appellant held vicariously liable for negligent burning by servants after agents' statements and credibility findings established instructions.
Delict/negligence – vicarious liability for servants' acts; admissibility and weight of statements by servants or persons referred as sources of information; agency by reference; credibility findings and appellate review.
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8 June 1953 |
| May 1953 |
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Declaratory relief may be granted pre‑emptively; reasonable need for premises judged at hearing date; 30 Nov 1951 notice valid under s22(1)(c).
Rents Act (s22) – twelve months' notice – validity of notice requiring premises for lessor's personal use; Declaratory relief (s102 General Law Amendment Act) – competence to grant declaration in advance of cause of action; material date for assessing reasonable requirement is hearing date; abandonment of pleaded statutory ground; acceptance of rent and waiver/reletting.
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29 May 1953 |
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Appellate court upheld conviction for assault with intent to commit rape, finding trial credibility findings reasonable and safe.
Criminal law — Assault with intent to commit rape — Essential element of force/violence — assessment of complainant's credibility — weight of corroborative evidence — appellate interference with magistrate's findings.
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28 May 1953 |
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Appeal allowed in part: summing‑up not disclosing fatal misdirection on insanity but judge erred on extenuation, matter remitted for resentencing.
Criminal law – insanity and irresistible impulse – psychopathic personality not certifiable under Mental Disorders Act – jury directions – extenuating circumstances – trial judge’s suggestion he might reject jury’s finding – remit for resentencing.
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28 May 1953 |
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The accused's self‑defence rejected; convicted of murder with extenuating circumstances and sentenced to twelve years' imprisonment.
Criminal law – Murder – Fatal stab wound indicating foresight of probable death; Credibility and assessment of accused's plea of self‑defence; Out‑of‑court remark as evidence of motive and credibility; Extenuating circumstances and sentence.
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16 May 1953 |
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Accomplice testimony, corroborated by independent evidence of possession and admissions, can sustain convictions for housebreaking and theft.
Criminal law – Accomplice evidence – Requirement of independent corroboration – Corroboration by possession/handling of stolen goods and admissions by co-accused – Conviction for housebreaking and theft.
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12 May 1953 |
| April 1953 |
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Conviction for mass sheep theft upheld on credible circumstantial evidence and witness testimony; marking evidence held insufficient to create reasonable doubt; leave to appeal granted.
Criminal law – Theft – Identification by circumstantial evidence – Tyre tracks traced from theft scene to accused’s premises – Witness evidence of lorry with sheep – Branding marks on skins – Sufficiency and weight of circumstantial and marking evidence – Sentence: compensatory fine and alternative imprisonment.
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27 April 1953 |
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2 April 1953 |
| March 1953 |
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Whether a written payment entitlement applied where the plaintiff was not the effective cause of a third party adopting the scheme.
Contract interpretation — ambiguity resolved by surrounding circumstances — implied term read in for business efficacy; broker/agent relationship — "principal" construed as person introduced by plaintiff; entitlement conditioned on plaintiff being effective cause of adoption; failure to prove waiver or causation — absolution ordered.
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31 March 1953 |
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Employee negligently used water on petrol fire, causing damage; sudden emergency defence rejected; appeal dismissed.
Delict — Negligence — Petrol spill at filling station — Use of water on petrol flames spreads fire — Foreseeability and standard of reasonable person — Imperitia culpae where employee handles dangerous commodity — Vicarious liability — Sudden emergency defence inapplicable when emergency caused by servant.
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30 March 1953 |
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Amount previously deducted as allowance must be included on recoupment under s.11(4) even if the original deduction was capital in nature.
Tax law – lease cession – distinction between premium/additional rent and capital expenditure – deductions under s.11(2)(e) – recoupment included under s.11(4) even if prior allowance was erroneous.
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27 March 1953 |
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Complainant identification, possession of stolen items and discovery of the weapon supported convictions; first accused declared habitual criminal.
Criminal law – robbery – identification evidence – corroboration by discovery of weapon and stolen clothing – possession of stolen property – rejection of explanation of third-party transfer – declaration of habitual criminality under Act 33 of 1952.
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19 March 1953 |
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Vacant salt pan is not "business premises" under Act 43 of 1950; lessor entitled to possession and ejectment.
Rent Control Act 43 of 1950 — interpretation of "business premises" — whether vacant unfenced land (salt pan) constitutes business premises — ordinary/popular meaning of "premises" preferred absent clear statutory indication to the contrary — lessee not a statutory tenant on lease termination.
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18 March 1953 |
| January 1953 |
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Leave to appeal granted because appellate court may find murder verdict should have been culpable homicide.
Criminal law – Leave to appeal – Verdict characterisation – Whether conviction for murder should have been culpable homicide – Appealability of legal characterisation of verdicts.
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2 January 1953 |
